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Encompass Inc. Co. of Amer. v. Friedman

The plaintiff failed to file her suit for breach of contract, bad faith and bad faith attorneys' fees, arising after water damage and mold infested air ducts and walls of her home as the result of moisture from condensation amassing on a malfunctioning air conditioning system within the contractually demanded 1-year period from the date of loss.

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At issue in this case is whether appellee Encompass Insurance Company of America is required to pay for damage to appellant Toby Friedman’s home caused by water damage and mold that infested the air ducts and walls as a result of moisture from condensation amassing on her air conditioning system. We granted Encompass’s application for interlocutory appeal in order to consider whether the trial court erred in denying Encompass’s motion for summary judgment. Concluding that Friedman’s claim is time barred by the contractual limitation provision, we reverse. The record viewed in the light most favorable to Friedman shows that in 1993, Friedman purchased a homeowner’s insurance policy from Encompass the “Policy”, which she renewed annually. The Policy was an all-risk policy, meaning that all damage that was not expressly excluded from the policy was covered under the Policy.

In September 2005, Friedman noticed that the den in her ceiling had gray discoloration around the light registers, which she removed with bleach. When the discoloration persisted, Friedman contacted Comfort Air Heating & Air Conditioning to evaluate the problem. A representative from Comfort Air examined Friedman’s home on September 2 and again on September 6, 2005 and, on a receipt signed as received by Friedman, noted “condensation on insulation causing ceiling damage” and recommended “replacement of all duct work because of . . . condensation thru-out duct work.”1

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