Clarke v. Allianz Global Risks U.S. Insurance

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

TERRY R. MEANS, District Judge.

Pending before the Court are Defendant’s Amended Motion for Summary Judgment (doc. # 13) and Amended Motion for Judicial Notice (doc. # 15). 1 After review, the Court concludes that Plaintiff has presented no evidence that he complied with the conditions precedent under the policy at issue. The Court further concludes that the evidence establishes that Defendant suffered prejudice as a matter of law. Consequently, the motion for summary judgment will be GRANTED. 2

I. Background

In March 2002, Plaintiff, Gary…