UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

DANIEL KAMMER and

KELLY KAMMER,

Plaintiffs,

Case Number 09-13177

v. Honorable Thomas L. Ludington

THE CINCINNATI INSURANCE COMPANY,

Defendant.

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ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND/CORRECT COMPLAINT

TO ADD PARTY NOTICED IN FILED NOTICE OF NON-PARTY AT FAULT AND

GRANTING PLAINTIFFS LEAVE TO FILE AN AMENDED COMPLAINT

On August 12, 2009, this case was removed from the Iosco County Circuit Court on the basis

of diversity jurisdiction. Plaintiffs Daniel Kammer and Kelly Kammer generally allege in their

complaint that The Cincinnati Insurance Company breached its contract of insurance with Plaintiffs

by finding that the insurance policy ceased to exist when a fire destroyed Plaintiff’s insured

commercial property on February 27, 2008. In denying Plaintiffs’ claim, Defendant stated that the

policy had ceased to exist because Plaintiff’s had breached the terms and conditions of the contract

of insurance due to the loss being the result of a “dishonest act.” More specifically, Defendant stated

that it believed the fire was caused by gasoline which was poured into the crawl space under the

utility room and ignited, and that Plaintiffs were seen leaving the property shortly before the fire was

reported to the local fire department. Plaintiffs contend that they have not committed the unspecified

“dishonest act” and that they have satisfied the relevant authorities as to their lack of criminal

culpability for the fire at the insured property.

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In their motion, Plaintiffs seek to file an amended complaint to insert additional paragraphs

under a count entitled “Breach/Violation of Uniform Trade Practices Act.” Plaintiffs seek to add six

paragraphs in order to provide Defendant with notice that Plaintiffs intend to seek sanctions under

the Uniform Trade Practices Act, and that they wish to avoid a technical claim at trial the Defendant

was unaware of the applicability of such a claim. Plaintiffs allege that it is reasonable to presume

that at all relevant times Defendant has known that it failed to request or obtain any proof of loss

with regard to the February 2008 fire occurrence, and that Defendant has been charged with

knowledge of the existence and effects of the Michigan Uniform Trade Practices Act, Mich. Comp.

Laws § 500.2001, et seq. Defendant filed a response [Dkt. #34], stating that it does not object to

Plaintiffs’ motion to amend the complaint. On this basis the Court will grant Plaintiffs’ leave to file

an amended complaint to insert the additional paragraphs under a count entitled “Breach/Violation

of Uniform Trade Practices Act.”

Accordingly, it is ORDERED that Plaintiffs’ motion to amend/correct complaint [Dkt. # 31]

is GRANTED.

It is further ORDERED that Plaintiffs are GRANTED LEAVE to file an amended

complaint to insert the additional paragraphs under a count entitled “Breach/Violation of Uniform

Trade Practices Act” on or before March 24, 2011.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: March 16, 2011

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PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on March 16, 2011.

s/Tracy A. Jacobs 

TRACY A. JACOBS

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