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Try CasePortal for FreeJ. Clement finds the lower court improperly denied an insurance company’s motion to dismiss. A vehicle hit a commercial building, causing damage. The building owners signed a release when they accepted $25,000 from the driver’s insurance company; they then filed a claim with their insurance company for damages. The insurance company notified them there was no coverage under the policy, as the owners essentially settled when they signed the release. By signing the release, the owners violated the terms of the policy, as it was done without the insurance company’s knowledge, and it terminated its ability to recover costs from the driver via subrogation. The instant court finds the building owners actions materially breached the policy, and the matter is remanded for dismissal of all claims against the insurance company. Reversed.