Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fafard Business Trust v. Travelers Casualty And Surety Company of America

United States District Court, D. Massachusetts

April 2, 2018

FAFARD BUSINESS TRUST, HOWARD FAFARD, AS SHAREHOLDER OF THE FAFARD BUSINESS TRUST, and MADLYN FAFARD, AS SHAREHOLDER OF THE FAFARD BUSINESS TRUST Plaintiff,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Defendant

          DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 55)

          TIMOTHY S. HILLMAN, DISTRICT JUDGE

         Background

         This case arises out of a claim for coverage under the Wrap Crime Policy (the “Policy”) issued by Travelers Casualty and Surety Company of America (“Travelers”) to Fafard Business Trust (collectively referred to as “Fafard”). Travelers made a payment to Fafard under the Policy as a result of an employee stealing money (the “Lussier Loss”). Approximately one year later, Fafard sought additional coverage under the Policy for the Lussier Loss, which Travelers denied giving rise to the present action.

         This Court denied Travelers motion to dismiss after determining that the “Claim, ” as referred to in the Release and Assignment (the “Release”), could reasonably be interpreted as meaning Fafard's claim for the Lussier Loss as a whole or under Insuring Agreement A.1 and I of the Policy. Because the applicability of the Release is a threshold issue to be decided by the Court, limited discovery on this issue was permitted. After the discovery, Travelers filed the instant motion for summary judgment. The Court finds that the record before it establishes that Fafard submitted a claim under the entire Policy and that “Claim, ” as referred to in the Release, unequivocally means Fafard's request for coverage under the Policy, as a whole, for the Lussier Loss. I further find the Release to be enforceable barring the claims asserted in this entitling Travelers to summary judgment, as a matter of law.

         Facts

         Travelers issued the Policy to Fafard, effective from November 1, 2013 through November 1, 2014. The Policy provided coverage under the following insuring agreements:

(1) Insuring Agreement A.1 (Employee Theft);

         (2) Insuring Agreement A.2 (ERISA Fidelity);

(3) Insuring Agreement B (Forgery or Altercation);
(4) Insuring Agreement C (On Premises);
(5) Insuring Agreement D (In Transit);
(6) Insuring Agreement E (Money Orders and Counterfeit Money);
(7) Insuring Agreement F (Computer Crime);
(8) Insuring Agreement G (Funds Transfer Fraud);
(9) Insuring Agreement I (Claim Expense).

         Insuring Agreements A through G were all subject to a single loss limit of $500, 000.

         Insuring Agreement I (Claim Expense) was subject to a single loss limit in the amount of $25, 000. Condition B.7 of the Policy stated:

[Fafard] must transfer to [Travelers] all [Fafard's] rights of recovery against any person or organization for any loss [Fafard] sustained and for which [Travelers]

         has paid or settled. [Fafard] must also do everything necessary to secure those rights and do ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.