Custom Aluminum Products Inc v. Amerisure Insurance Co

Justia Dockets & Filings Seventh Circuit Illinois Northern District Custom Aluminum Products Inc v. Amerisure Insurance Co

Custom Aluminum Products Inc v. Amerisure Insurance Co

Plaintiff:	Custom Aluminum Products Inc
Defendant:	Amerisure Insurance Co
Case Number:	1:2017cv05785
Filed:	August 9, 2017
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
County:	Cook
Presiding Judge:	Marvin E. Aspen
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
November 14, 2018	Filing 29 OPINION and ORDER: For the foregoing reasons, we find as a matter of law that the Policy's Average Daily Value in this case requires the total income that would have been generated by 620 Division Street during the period of Press 4's brea kdown had it continued operating normally, divided by the actual number of days Press 4 would have operated in that period. The resulting ADV must then be multiplied by three to determine the extruder extra expense deductible. Summary judgment is thu s granted as to the portion of Custom's motion that advocated this interpretation. Custom's summary judgment motion is denied in part because there is a genuine dispute of material fact as to the numbers to be used in the deductible calcula tion on the current record. Specific numbers for the ADV numerator and denominator need to be decided at trial. Because we find that Amerisure's deductible calculation improperly interprets the Policy, we deny Amerisure's cross-motion for summary judgment. It is so ordered. Case remains set for a status hearing on 11/15/2018. Signed by the Honorable Marvin E. Aspen on 11/14/2018. Mailed notice (ags, )

Date Filed

Document Text

November 14, 2018

Filing 29 OPINION and ORDER: For the foregoing reasons, we find as a matter of law that the Policy's Average Daily Value in this case requires the total income that would have been generated by 620 Division Street during the period of Press 4's brea kdown had it continued operating normally, divided by the actual number of days Press 4 would have operated in that period. The resulting ADV must then be multiplied by three to determine the extruder extra expense deductible. Summary judgment is thu s granted as to the portion of Custom's motion that advocated this interpretation. Custom's summary judgment motion is denied in part because there is a genuine dispute of material fact as to the numbers to be used in the deductible calcula tion on the current record. Specific numbers for the ADV numerator and denominator need to be decided at trial. Because we find that Amerisure's deductible calculation improperly interprets the Policy, we deny Amerisure's cross-motion for summary judgment. It is so ordered. Case remains set for a status hearing on 11/15/2018. Signed by the Honorable Marvin E. Aspen on 11/14/2018. Mailed notice (ags, )

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Defendant: Amerisure Insurance Co
Represented By:	Jonathan Kevin Barger
Represented By:	Kenneth Clark Schirle
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Plaintiff: Custom Aluminum Products Inc
Represented By:	Sreeram Natarajan
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