United States District Court, E.D. New York
For Plaintiff: Barbara A. Matarazzo, Esq., THE LAW OFFICE OF BARBARA A. MATARAZZO, White Plains, New York.
For Defendant: Judith A. Lockhart, Esq., Leonardo Trivigno, Esq., CARTER LEDYARD & MILBURN LLP, New York, New York.
For Defendant: Craig Russell Blackman, Esq., Gina M. Stowe, Esq., STRADLEY, RONON, STEVENS & YOUNG, LLP, Philadelphia, PA.
MEMORANDUM AND ORDER
LEONARD D. WEXLER, United States District Judge
Before the Court is the Defendant's motion to dismiss Plaintiff's Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff opposes the motion. For the following reasons, Defendant's motion is granted and Plaintiff's Complaint is dismissed in its entirety.
On or about August 17, 2011, Defendant, The Standard Fire Insurance Company, issued Plaintiff, 84 Albany Avenue Realty Corp., a flood insurance policy with respect to the property located at 80-84 Albany Avenue in Freeport, New York. (Compl. ¶ 5.) The insurance policy provided for $500,000 in building loss coverage and $60,800 in contents loss coverage, with coverage for debris removal. (Compl. ¶ 14.)
Plaintiff did not receive a Renewal Notice for the insurance policy prior to its expiration date of August 17, 2012. (Compl. ¶ 7.) On October 15, 2012, Plaintiff received a Flood Insurance Expiration Notice (the " Expiration Notice" ), dated August 18, 2012. (Compl. ¶ ¶ 8-9.) The Expiration Notice advised Plaintiff that its insurance policy could be reinstated if the premium payment was received within ninety (90) days of the expiration date. (Compl. ¶ 8.)
On October 29, 2012, as a result of Hurricane Sandy, Plaintiff sustained a flood loss to the insured property, as well as to personal property located within the premises. (Compl. ¶ ¶ 13, 15.) On October 30, 2012, Plaintiff remitted its insurance premium payment via credit card in the sum of $2,994.00 in order to renew its flood insurance policy. (Compl. ¶ 10.) On November 1, 2012, Plaintiff received a response from Defendant, acknowledging its premium payment and stating that the transaction was approved. (Compl. ¶ ¶ 11-12.)
Plaintiff, through its insurance broker, notified Defendant of its flood loss and insurance claim on November 5, 2012. (Compl. ¶ 15.) Although Plaintiff's insurance broker was advised that an adjuster would contact Plaintiff within forty-eight hours, no such contact was ever made. (Compl. ¶ ¶ 16-17.)
By letter dated December 1, 2012, Defendant notified Plaintiff that its insurance claim was being denied due to a lapse in ...