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Wash'N'Roll LLC v. Selective Insurance Co. of Southeast

United States District Court, N.D. Ohio, Eastern Division

March 28, 2017

WASH'N'ROLL, LLC, dba SPECIALTY LINEN SERVICE AND THE LAUNDRY STOP, INC., et al ., Plaintiffs,
v.
SELECTIVE INSURANCE COMPANY OF THE SOUTHEAST, Defendant.

          MEMORANDUM OPINION AND ORDER

          JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the motion for summary judgment of Defendant Selective Insurance Company of the Southeast (“Selective”) on the claims of Plaintiffs Wash'N'Roll, LLC, dba Specialty Linen Service and The Laundry Stop, Inc. (“Wash'N'Roll”) and Carl Vaccar (collectively, “Plaintiffs”). Selective moves for summary judgment on Plaintiffs' breach of contract and bad faith claims, and on Selective's counterclaim for declaratory judgment. In the alternative, Selective requests partial summary judgment on Plaintiffs' bad faith claim. Plaintiffs have opposed Selective's motion. For the reasons that follow, Selective's motion for summary judgment (Doc. #48) is GRANTED.

         I. FACTS

         Mr. Vaccar operated Wash'N'Roll, a commercial laundry and linens leasing business. Wash'N'Roll conducted its primary business activities at 5050 Youngstown Poland Road in Youngstown, Ohio. This location was a series of store fronts that housed Wash'N'Roll's industrial cleaning equipment. Wash'N'Roll also leased warehouse space.

         Selective issued an insurance policy to Wash'N'Roll to cover laundry service. The policy contained coverage for theft with a $397, 000 limit per occurrence. The coverage extended to both Wash'N'Roll's main business location and the company's leased warehouse space.

         The insurance policy contained coverage conditions that spelled out certain duties of the insured in the event of loss. In part, the policy provided:

(a) You must see that the following are done in the event of loss:
(1) Notify the police if a law may have been broken.
(2) Give us prompt notice of the direct physical loss or damage. Include a description of the property involved.
(3) As soon as possible, give us a description of how, when, and where the direct physical loss or damage occurred.
(4) Take all reasonable steps necessary to protect the Covered Property from further damage, and keep a record of your expenses * * *.
(5) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. * * * [P]ermit us to make copies from your books and records.
(6) Send us your signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms.
(7) Cooperate with us in the investigation or settlement of the claim.
(8) If you intend to continue your business, you must resume all or part of your “operations” as ...

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