Brian Breen (Partner-Philadelphia, PA) and Jesse M. Endler (Of Counsel-Philadelphia, PA) were granted their motion for summary judgment in the Court of Common Pleas, Philadelphia County in a case in which the plaintiff-insured made a claim against our insurer-client for property damage after a rainstorm. The plaintiff sought damages for the complete replacement of the roof and roof framing on two warehouses, as well as bad faith. The claim was originally denied by the insurer based on its position the damage was the result of wear-and-tear / lack of maintenance and the damage preexisted the date of loss. During discovery, it was discovered the actual date of loss was not the date represented in the complaint, but a day earlier.  The policy contains a suit limitation provision that requires any complaint be filed within two years of the date of loss. We filed a motion for summary judgment asserting the complaint was filed a day after the two-year suit limitation period. The plaintiff attempted to oppose the motion with an affidavit contradicting his prior testimony regarding the date of loss. The court evidently agreed with us that the affidavit did not create an issue of material fact and granted summary judgment.