United States District Court, N.D. Ohio, Eastern Division
WASH'N'ROLL, LLC, dba SPECIALTY LINEN SERVICE AND THE LAUNDRY STOP, INC., et al ., Plaintiffs,
SELECTIVE INSURANCE COMPANY OF THE SOUTHEAST, Defendant.
MEMORANDUM OPINION AND ORDER
R. ADAMS UNITED STATES DISTRICT JUDGE
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
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.
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.
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
(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
(8) If you intend to continue your business, you must resume
all or part of your “operations” as ...