H&H Envtl. Sys. v. Evanston Ins. Co.
United States District Court for the Western District of New York
March 12, 2019, Decided; March 12, 2019, Filed
DECISION AND ORDER
Plaintiff H&H Environmental Systems, Inc. ("Plaintiff") brings this action against defendants Evanston Insurance Company ("Evanston") and Travelers Property Casualty Company of America ("Travelers") (collectively, "Defendants"), alleging that Defendants' handling of Plaintiff's insurance claims violated numerous provisions of New York state law. Specifically, Plaintiff asserts claims for: (1) declaratory judgment; (2) breach of contract; (3) violation of the duty of good faith and fair dealing; (4) violation of New York General Business Law ("GBL") § 349; and (5) fraud. (Dkt. I). Presently before the Court is Travelers' motion to dismiss Plaintiff's Complaint for failure to state a claim pursuant [*2] to Federal Rule of Civil Procedure 12(b)(6) (Dkt. 4), and Evanston's motion for judgment on the pleadings pursuant to Rule 12(e) (Dkt. 27). For the following reasons. Defendants' motions are granted in part and denied in part.
The following facts are taken from Plaintiff's Complaint. (Dkt. 1). As is required at this stage of the proceedings, the Court has treated Plaintiff's allegations as true.
Plaintiff is a corporation that provides precision repair, maintenance, and calibration of environmental chambers, as well as rental sales and service. (Id. at 11, ¶ 4). To provide these services. Plaintiff owns and operates equipment at 385 Adirondack Street in Rochester, New York 14606 (the "Premises"). (Id. at 10-11, ¶¶ 1, 5).
Evanston insured Plaintiff from June 1,2016, through June 1, 2017, against the risk of loss of business income and extra expense pursuant to Commercial Property Coverage Policy, No. 2AAI07115-0 ("Evanston Policy"). (Id. at 11, ¶ 6). Additionally, Travelers insured Plaintiff during the same time period against the risk of damage to or loss of various equipment and rental costs pursuant to Commercial Inland Marine Insurance Policy, No. QT-660-3H046740-TIL-16 ("Travelers Policy"). (Id. ¶ 17).
During the coverage period—on or about March 8 to [*3] 15, 2017—a number of Plaintiff's precision equipment items were damaged. (Id., ¶ 8). Plaintiff promptly notified Defendants of the losses it sustained, submitting a claim to Evanston in the amount of $648,432.82, and a claim to Travelers in the amount of $947,420.01. (Id. at 12, ¶¶ 9-10).Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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2019 U.S. Dist. LEXIS 39700 *; 2019 WL 1129434
H&H ENVIRONMENTAL SYSTEMS, INC., Plaintiff, v. EVANSTON INSURANCE COMPANY and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants.
breach of contract claim, allegations, fair dealing, consequential damages, damages, declaratory judgment, good faith, Defendants', pleadings, attorney's fees, coverage, bad faith, covenant of good faith, insured, breach of covenant, consumers, plaintiff's claim, fraud claim, duplicative, Policies, claim for breach, cause of action, breached, courts, motion for judgment, breach of contract, consumer-oriented, independent tort, punitive damages, obligations