Charter Oak Fire Ins. Co. v. Patterson

Charter Oak Fire Ins. Co. v. Patterson

Opinion

 [*1363]  OPINION AND ORDER

This matter is before the Court on: 1) Emergency Water & Fire Restorations, Inc.'s ("EWF") Motion to Enforce Settlement [69] ("Settlement Motion"); 2) The Charter Oak Fire Insurance Company's ("Charter Oak") Motion for Summary [**2]  Judgment [96]; 3) Charter Oak's Motion to Strike Defendants' Expert [102] ("Expert Motion"); 4) Charter Oak's Motion to Strike Affidavits of Larry Holcomb and Walter Miller [126] ("Charter Oak Affidavit Motion"); and 5) Genevieve Patterson's and Victor W. Patterson's (the "Pattersons") Motion to Strike Affidavit of Emily Watson and Sheriff's Service Notice from Four Seasons on Lanier Homeowners Association, Inc. [133] ("Pattersons Affidavit Motion").

I. BACKGROUND

Charter Oak issued an insurance policy to the Pattersons, Policy No. 977068522 633 1 (the "Policy"), effective September 30, 2010 to September 30, 2011. (Charter Oak Statement of Material Facts [96-2] ("SOMF") ¶ 1). The Policy provided insurance coverage for the property located at 6419 South Creek Court, Flowery Branch, Georgia 30542 (the "Property"). (Id.). The Pattersons began residing in the Property on or after October 2004. (SOMF ¶ 2; Pattersons' Responses to SOMF [123] ¶ 2). In October 2008, Defendant Victor Patterson purchased property located at 2382 Old Fountain Road, Lawrenceville, Georgia 30043 (the "Old Fountain Property"). (SOMF ¶ 12; Responses to SOMF ¶ 12).

On or about April 13, 2011, a fire occurred at the Property [**3]  (the "Fire"). (SOMF ¶ 3). The Pattersons submitted an insurance claim for damages to the Property, damages to their possessions, and for reimbursement of additional living expenses they incurred following the Fire. (SOMF ¶ 4). The Pattersons maintain  [*1364]  that they resided at the Property at the time of the Fire with two adult children and two grandchildren. (SOMF ¶ 5; Responses to SOMF ¶ 5).

EWF was hired to make repairs to the Property and to clean the Pattersons' personal property. (SOMF ¶¶ 7-9; Responses to SOMF ¶¶ 7-9).¹ Charter Oak issued a check in the amount of $51,469.92 made payable to the Pattersons and EWF for the cleaning of the Pattersons' personal possessions. (SOMF ¶ 8; Responses to SOMF ¶ 8). The Pattersons refused to negotiate the check issued by Charter Oak for EWF's services, claiming that EWF failed to properly clean their possessions and damaged some of them. (SOMF ¶ 9; Responses to SOMF ¶ 9).

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