Mikel C. Pearce

The plaintiff mortgagors failed to maintain property insurance as required by their mortgage.

The defendant mortgagees obtained their own insurance policy to protect their interest, with the plaintiffs reimbursing the premiums.

After a fire destroyed the property, the insurer paid the mortgagees the policy limits and claimed a subrogated right to enforce the mortgage against the plaintiffs.

The plaintiffs brought a motion for summary judgment seeking a declaration that the insurer had no subrogated rights and an order discharging the mortgage to the extent of the insurance payout.

The court dismissed the motion, finding that the insurance policy was obtained solely for the benefit of the mortgagees and explicitly provided for subrogation rights against the mortgagors.

The plaintiff commenced an action seeking damages for slander.

The defendant brought a motion to strike the statement of claim under the Protection of Public Participation Act, 2015 (anti-SLAPP legislation).

The parties could not agree on a timetable leading up to the motion, particularly because the defendant failed to attend her scheduled examination for discovery due to medical reasons.

The court fixed a timetable for the delivery of materials, completion of discoveries, cross-examinations, and factums leading up to the scheduled motion date.