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Michael Borovsky Goldsmith LLC v. Jewelers Mut. Ins. Co.

Citation: 359 F. Supp. 3d 306Docket: No. 5:17-CV-197-D

Court: District Court, E.D. North Carolina; January 8, 2019; Federal District Court

Narrative Opinion Summary

In this case, a jewelry business, MB Goldsmiths, sued its insurer, Jewelers Mutual Insurance Company, for breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith refusal to settle, following the denial of a business interruption claim. MB Goldsmiths experienced mold and odors at its store, allegedly due to a long-term water leak from an adjacent restaurant, which it claimed caused business income losses. Jewelers Mutual denied the claim, citing policy exclusions for continuous water damage and mold, as well as the delayed reporting of the loss. The court granted Jewelers Mutual's motion for summary judgment on all claims, finding that the insurer had a valid basis for denial under the policy terms and that no evidence supported bad faith or aggravating conduct. MB Goldsmiths's motion for partial summary judgment was denied as untimely and substantively lacking merit. The decision underscores the necessity for prompt claim reporting and clear policy interpretation, affirming that policy exclusions were applicable and not ambiguous in this context. The case was closed with costs awarded to Jewelers Mutual, and coverage was limited to $15,000.

Legal Issues Addressed

Bad Faith Refusal to Settle under North Carolina Law

Application: The court granted summary judgment for Jewelers Mutual on MB Goldsmiths's claim of bad faith refusal to settle, aligning with the elements needed for breach of the covenant of good faith and fair dealing.

Reasoning: Jewelers Mutual's motion for summary judgment on MB Goldsmiths's third claim, relating to bad faith refusal to settle, is granted.

Breach of Contract under North Carolina Law

Application: The court found no genuine issue of material fact that Jewelers Mutual's denial of MB Goldsmiths's insurance claim constituted a breach of contract.

Reasoning: The court found no reasonable jury could determine that the continuous water leak did not cause the mold and odor responsible for MB Goldsmiths's business income loss, granting Jewelers Mutual summary judgment on the breach of contract claim.

Covenant of Good Faith and Fair Dealing in Insurance Contracts

Application: Jewelers Mutual's denial of MB Goldsmiths's claim did not breach the covenant of good faith and fair dealing as no valid claim was recognized and there was no evidence of aggravating conduct.

Reasoning: Consequently, MB Goldsmiths failed to demonstrate the necessary elements of bad faith and aggravating circumstances, leading the court to grant Jewelers Mutual's motion for summary judgment on the breach of the covenant of good faith and fair dealing claim.

Insurance Policy Exclusions and Ambiguities

Application: The court upheld the policy exclusion for continuous water damage and mold, finding no ambiguity in the policy's language as applied to MB Goldsmiths's claim.

Reasoning: The report recommended denying MB Goldsmiths's claim based on the insurance policy's exclusion for continuous water damage, the limited coverage for building materials affected, and MB Goldsmiths's failure to provide prompt notice of the claim.

Summary Judgment Standards under Federal Rule of Civil Procedure 56

Application: The court determined Jewelers Mutual met the summary judgment standard, showing no genuine issue of material fact existed regarding MB Goldsmiths's claims.

Reasoning: The document also outlines the standards for summary judgment under Federal Rule of Civil Procedure 56, stating that the moving party must show no genuine issue of material fact exists.