Francis v. Tower Hill Prime Insurance Co.

Latonya Francis appeals a final summary judgment in favor of her insurer (Tower Hill Prime Insurance Company, “Tower Hill”), regarding her claims for rainwater damage to her home’s interior caused by roof leaks. We reverse, finding that genuine issues of material fact exist regarding (l)Tower Hill’s adjustment and payment of the “actual cash value” of the damage covered by Ms. Francis’s insurance policy, and (2) the applicability of the policy’s exclusion for “wear and tear” to a vague, unliquidated, and inchoate claim for damage to the roof itself.

Tower Hill paid the amount computed by its…