Landlord granted summary disposition in action over destruction of personal property in leased warehouse space
Creative Dental Concepts, LLC rented space in Keego Harbor Development's warehouse to store specialty dental products. It bought insurance from Selective Insurance Company in South Carolina, but the policy was canceled after CDC paid less than the total premium after a premium dispute. One month later, there was a ceiling failure at the warehouse, damaging CDC's property. CDC attempted to sue the landlord for negligence, but the warehouse company was granted summary disposition. It appealed. The Court held that under the lease language, it had waived its right to damages from the landlord by failing to insure its property.