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Sunrise One LLC v. Harleysville Ins. Co. of N.Y.

Insurer Granted Judgment on Bulk of Claims; Issues Exist on Damages Estimate's Timeliness

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MEMORANDUM AND ORDER

*1 Sunrise One, LLC and Sunrise One Operating LLC, doing business as the Rockville Centre Inn, (collectively, “Sunrise” or “plaintiffs”) bring this action against Harleysville Insurance Company of New York (“Harleysville” or “defendant”) for breach of an insurance contract. Plaintiffs own and operate a hotel called the Rockville Centre Inn, located in Nassau County, New York. According to plaintiffs, the Rockville Centre Inn sustained wind and rain damage during Hurricane Sandy in October 2012. After inspecting the hotel, however, Harleysville determined that Hurricane Sandy did not cause damage to the Rockville Centre Inn, and denied coverage for damage to the hotel, as well as for business income losses resulting from that damage. This lawsuit eventually resulted.Presently before the Court are motions for partial summary judgment. In its motion, Harleysville argues that it is entitled to summary judgment on (1) Sunrise’s claim for business income losses; (2) Sunrise’s claim for consequential damages; and (3) Sunrise’s claim for attorney’s fees and costs. Harleysville additionally seeks summary judgment on Sunrise’s attempt to use its Third Estimate of Damages, and instead, seeks to limit Sunrise to the damages sought in its Second Estimate. Sunrise’s motion, in turn, argues that Sunrise is entitled to summary judgment on Harleysville’s third through fourteenth affirmative defenses, and that Harleysville’s third through eleventh affirmative defenses should be stricken as redundant under Federal Rule of Civil Procedure 12(f).

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