Bedford Internet Office Space, LLC v. Travelers Cas. Ins. Co.

Bedford Internet Office Space, LLC v. Travelers Cas. Ins. Co.

Opinion

 [*539]  FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

This case has been referred to the undersigned United States magistrate judge for pretrial management pursuant to 28 U.S.C. § 636(b) and a standing order of reference from the District Court. Plaintiff and Defendant filed cross-motions for summary judgment. See Dkt. Nos. 33 & 36. The undersigned issues the following findings of fact, conclusions of law, and recommendation that Plaintiff's motions should be denied, and Defendant's motion should be granted.

Background

This is an insurance coverage dispute. Defendant Travelers Casualty Insurance Company of America insured two commercial buildings owned by Plaintiff Bedford Internet Office Space, LLC. Defendant denied Plaintiff's theft claim [**2]  under a policy provision that excluded coverage when the insured property has been vacant for more than 60 days before the loss or damage occurs.

Plaintiff sued Defendant alleging claims for breach of contract, insurance code violations,  [*540]  breach of the duty of good faith and fair dealing, and negligence, and it sought both actual and exemplary damages. See Dkt. No. 1-4. Defendant asserted as one if its affirmative defenses that Plaintiff's claims were excluded or limited by the terms of the insurance policy. See Dkt. No. 17 at 5.

Plaintiff filed a motion for partial summary judgment [Dkt. No. 33], and Defendant filed a motion for summary judgment [Dkt. No. 36]. Both motions seek determination as a matter of law as to whether the insured premises were vacant, as that term is defined in the policy, for more than 60 days before the loss occurred.

Legal Standards

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