Surrey Oaks Llc et al v. Evanston Insurance Company

MOTION for Summary Judgment

N.D. Tex.June 1, 2017

r-·--:-:--::~=:::-:-::=-:=-=·-------- '"' U.S. DISTRICT COURT UNITED STATES DISTRICr coC(J]ffERN DISTRICT OF TEXAS NORTHERN DISTRICT 0 TEXA < FILED FORT WORTH DIVIS ON SURREY OAKS LLC, STANLEY XU, and NANLING CHEN, § § § § § § § § § § JUN- I 2017 '-----·- ll'·fr • CLERK, U.S. DISTRICT COJJJ¥1: - ·- By \dllfV Deputy Plaintiffs, V. CIVIL ACTION NO. 4:16-CV-516-A EVANSTON INSURANCE COMPANY, Defendant. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendant Evanston Insurance Company ("Evanston") files this Motion for Summary Judgment ("Motion") and respectfully states as follows: I. SUMMARY I. This lawsuit involves Plaintiffs' claim for duplicative insurance proceeds under an insurance policy issued by Evanston, for a loss occurring in May of201 I. The loss occurred at the SmTey Oaks Apartments located at 525 King George Drive, Fort Worth, Texas. Plaintiffs' Third Amended Complaint alleges that Surrey Oaks LLC, or alternatively Stanley Xu ("Xu") and Nanling Chen ("Chen") as the purported "real parties in interest," were entitled to receive the claim proceeds - not the named insured under the applicable Evanston insurance policy to whom the proceeds were paid in 2012. Plaintiffs' causes of action include breach of contract and violations of Chapter 542 of the Texas Insurance Code. 2. Evanston seeks summary judgment on all of Plaintiffs' claims in this matter. As allowed by Local Rule 56.3(b) of the Local Rules of the Northern District of Texas, the requirements of Local Rule 56.3(a) are set forth in Evanston's accompanying Brief in Support. DEFENDANT'S MOTION FOR Stli\'IMARY JUDGMENT PAGE I Case 4:16-cv-00516-A Document 56 Filed 06/01/17 Page 1 of 3 PageID 2430 Evanston's Brief in Support demonstrates that there is no genuine dispute as to any material fact, meaning Evanston is entitled to judgment as a matter of law. II. CONCLUSION AND PRAYER 3. Defendant Evanston Insurance Company prays (a) that the Court grant Evanston's Motion for Summary Judgment; (b) that Plaintiffs' claims be dismissed in their entirety, with prejudice to refiling of same; and (c) for such other and further relief to which Evanston may be justly entitled, at law or in equity. Respectfully Submitted, Texa arNo. Tcook@zelle.com Tyler J. McGuire Texas Bar No. 24098080 Tmcguire@zelle.com Zelle LLP 901 Main Street, Suite 4000 Dallas, Texas 75202-3975 Telephone: (214) 742-3000 Facsimile: (214) 760-8994 ATTORNEYS FOR DEFENDANT EVANSTON INSURANCE COMPANY PAGE2 Case 4:16-cv-00516-A Document 56 Filed 06/01/17 Page 2 of 3 PageID 2431 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing has been served this I st day of June, 2017, in accordance with the Federal Rules of Civil Procedure as follows: Russell J. Bowman Texas Bar No.02751550 russelljbowman@sbcglobal.net LAW OFFICE OF RUSSELL J. BOWMAN, PC 800 West Airport Freeway, Suite 860 Irving, Texas 75062 (214) 922-0220- phone (214) 922-0225- fax ATTORNEY FOR PLAINTIFFS DEFENIHNT'S MOTtO:\ FORSt .\L\1.\H\' .Jl'nG,\IENT 4840-7199-9049v I PAGE3 Case 4:16-cv-00516-A Document 56 Filed 06/01/17 Page 3 of 3 PageID 2432