X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION   Plaintiff SatisPie, LLC (“Plaintiff”) brings this action against defendant Travelers Property Casualty Company of America (“Defendant”), alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, equitable estoppel, and negligence. (Dkt. 1-2). Presently before the Court is Defendant’s motion for summary judgment. (Dkt. 31). For the reasons that follow, the Court grants Defendant’s motion with respect to the breach of contract and negligence claims, but denies the motion with respect to the breach of the implied covenant of good faith and fair dealing and equitable estoppel claims. BACKGROUND I. Factual Background The following facts are taken from Defendant’s Statement of Undisputed Material Facts (Dkt. 31-19), Plaintiff’s response to Defendant’s statement (Dkt. 35-1), and the evidence submitted by the parties in support thereof. Unless otherwise noted, these facts are undisputed. As is required on a motion for summary judgment, the Court construes all evidence in the light most favorable to Plaintiff. Plaintiff is a pie manufacturing business that sells unbaked frozen pies to commercial customers for retail sale. (Dkt. 35-4 at 2). On June 30, 2014, Defendant issued a commercial insurance policy (the “Policy”) (Dkt. 31-2) on which Plaintiff was a named insured. (Dkt. 31-19 at 1; Dkt. 35-1 at 1). The Policy’s effective date was from July 1, 2014, to July 1, 2015. (Dkt. 31-19 at 1; Dkt. 35-1 at 1). The Policy contains an endorsement expanding covered causes of loss to include “equipment breakdown” (Dkt. 31-2 at 72-77) (the “Equipment Breakdown Endorsement”). The Equipment Breakdown Endorsement contains a $25,000 limitation for property damage caused by ammonia contamination. (Id. at 74, 77) (indicating that “[t]he most [Defendant] will pay for loss or damage to property caused by ammonia contamination that directly results from a Breakdown to Covered Equipment” is $25,000). On March 28, 2015, Plaintiff experienced an ammonia leak inside its cold-storage area within its insured premises. (Dkt. 31-19 at 5; Dkt. 35-1 at 5). At the time of the ammonia leak, Plaintiff was storing both finished frozen pies and frozen raw materials in the cold-storage area. (Dkt. 31-9 at 6; Dkt. 35-1 at 6). After the ammonia leak was discovered, Plaintiff’s President and Chief Executive Officer Michael Pinkowski (“Pinkowski”) contacted Sarah Viksjo (“Viksjo”), an employee of his insurance broker. (Dkt. 31-9 at 7; Dkt. 35-1 at 7). Pinkowski informed Viksjo that there had been a “major ammonia leak” with a “likely total loss on all product in the storage freezer” and asked her to alert Defendant. (Dkt. 31-9 at

8-9; Dkt. 35-1 at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›

PLEASE REVIEW THE ENTIRE POSTING TO ENSURE ALL REQUIRED DOCUMENTS ARE SUBMITTED. August 14, 2024 Notice of Job Vacancy #2024-05 An opp...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›