United States District Court, D. Maryland, Southern Division
MEMORANDUM OPINION AND ORDER
W. Grimm United States District Judge.
fire damaged Plaintiff Ram Gehani's real property, which
he had insured with Defendant American Zurich Insurance
Company (“Zurich”), and Zurich denied his claim
under the insurance policy, Gehani sued Zurich for breaching
the policy. Zurich has moved for summary judgment and,
because Gehani failed to substantially comply with the
policy's requirements for filing a proof of loss, I will
grant the motion.
provided builder's risk coverage (“Policy”)
to Gehani for the property located at 1933 McHenry Street in
Baltimore, Maryland (“the Property”), for the
period of April 1, 2014 through April 1, 2015. Jt. Stmt.
¶¶ 1-2, ECF No. 22-3. The Policy imposed the
following duties on Gehani:
You must see that the following are done in the event of loss
or damage to Covered Property:
. . .
2. Give us [Zurich] prompt notice of the loss or damage.
Include a description of the property involved.
3. As soon as possible, give us a description of how, when
and where the loss or damage occurred.
. . .
6. As often as may be reasonably required, permit us to
inspect the property proving the loss or damage and examine
your books and records.
. . .
8. Send us a signed, sworn proof of loss containing the
information we request to settle the claim. You must do this
within 60 days after our request. We will supply you with the
. . .
10. Cooperate with us in the investigation or settlement of
Policy 24, Jt. Ex. 1, ECF No. 22-5. The Policy provided that
“[n]o one may bring a legal action against [Zurich] . .
. unless . . . [t]here has been full compliance with all the
terms of this Coverage Part . . . .” Id. at
Property was damaged by fire on October 21, 2014, and
“Gehani learned of the loss ‘six days' after
the fire.” Jt. Stmt. ¶¶ 5-6 (citations
omitted). Plaintiff contends that he “received a copy
of the initial report from the Baltimore City Fire Department
sometime after November 5, 2014, and provided a copy of the
same to the Defendant soon thereafter.” Pl.'s
Opp'n 3 (citing Gehani Dep. 28:1-14, Jt. Ex. 4, ECF No.
22-8). But, at his deposition, he testified that “two
to three days” after the fire department called him to
inform him about the fire, he “went to the fire
department to collect the report.” Gehani Dep.
26:15-17. He also testified that he received the Incident
Report “10 to 15 days . . . after the fire.”
Id. at 28:23-29:1. Thus, taking the evidence in the
light most favorable to Gehani as the non-moving party, the
fire happened on October 21, 2014; Gehani learned about it on
October 27, 2014; and he obtained the Incident Report between
October 29 and November 5, 2014. Additionally, while the
deposition page he cites includes his testimony that he