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Bryant v. Gen. Cas. Co. of Wisconsin

Building Owner's Complaint Dismissed as Sanction for Demolition Spoliating Evidence

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MEMORANDUM DECISION and ORDER I. INTRODUCTION On May 9, 2018, plaintiff Russell Bryant (“Bryant” or “plaintiff”) filed this breach of contract action after his commercial property insurer, defendant General Casualty Company of Wisconsin (“GCCW” or “defendant”), denied his insurance claim for the alleged partial collapse of a building he owned in Kingston, New York. On July 10, 2018, Bryant amended his pleading as of right. Shortly thereafter, GCCW moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(6) seeking partial dismissal of plaintiff’s operative complaint to the extent it sought recovery of any extra-contractual damages. On January 30, 2019, the Court granted GCCW’s motion for partial dismissal. Bryant v. Gen. Cas. Co., 2019 WL 367292 (N.D.N.Y. Jan. 30, 2019). Thereafter, the parties conducted discovery and attempted to mediate what remained of the dispute. Their inability to reach a negotiated result arose, at least in part, from Bryant’s decision to demolish the commercial building before defendant could inspect it for purposes of this litigation. On March 13, 2020, the parties cross-moved under Rule 56 for summary judgment. Bryant, for his part, moved for partial judgment on the question of whether the insurance policy covered the damage at issue. GCCW, for its part, moved for a judgment dismissing the complaint in its entirety. The motions have been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND The following facts are undisputed unless otherwise noted. GCCW issued to Bryant¹ a commercial property and casualty insurance policy that covered, inter alia, property damage to a one-story building at 634 Ulster Avenue in Kingston, New York. Def.’s Rule 7.1(a)(3) Statement (“Def.’s Facts”), Dkt. No. 47-1

1-2; Pl.’s Rule 7.1(a)(3) Statement (“Pl.’s Facts”), Dkt. No. 46-2

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