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Bryant v. Gen. Cas. Co. of Wisconsin

Consequential Damages Claim Over Building's Collapse Dismissed; Bad Faith Not Asserted

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MEMORANDUMDECISION and ORDERI. INTRODUCTION This is an insurance coverage dispute between plaintiff Russell Bryant (“Bryant” or “plaintiff”) and defendant General Casualty Company of Wisconsin (“GCCW” or “defendant”) arising from the collapse of a commercial building situated in Kingston, New York. Defendant has moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(6) for partial dismissal of plaintiff’s amended complaint. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument.II. BACKGROUNDThe following facts are drawn from Bryant’s operative pleading, Dkt. No. 14, and are assumed true for purposes of resolving GCCW’s partial motion to dismiss.¹Bryant is a Florida resident and the successor trustee of the William E. Bryant, Jr. and Alice E. Bryant Trust, an entity listed as the legal owner of the commercial building located at 634 Ulster Avenue in Kingston, New York (the “insured premises”). Am. Compl. 1. GCCW is a Wisconsin corporation headquartered in Sun Prairie, Wisconsin, engaged in the business of insurance. Id. 2.Acting through a local agent, Bryant purchased from GCCW commercial property and casualty insurance policy number CCI1068272 (the “policy”) to cover the insured premises for a one-year period beginning August 18, 2016. Am. Compl.

2, 5. According to plaintiff, the policy “insured against direct physical loss of or damage to the insured premises caused by collapse of part or all of the insured premises.” Id. 6.On March 24, 2017, while the insured premises were leased to a tenant who operated a restaurant inside the space, the building “sustained a covered collapse loss.” Am. Compl.

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