Bijan Designer for Men, Inc. v. Fireman's Fund Insurance

264 A.D.2d 48, 705 N.Y.S.2d 30, 2000 N.Y. App. Div. LEXIS 2589
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 9, 2000
StatusPublished
Cited by257 cases

This text of 264 A.D.2d 48 (Bijan Designer for Men, Inc. v. Fireman's Fund Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bijan Designer for Men, Inc. v. Fireman's Fund Insurance, 264 A.D.2d 48, 705 N.Y.S.2d 30, 2000 N.Y. App. Div. LEXIS 2589 (N.Y. Ct. App. 2000).

Opinion

OPINION OF THE COURT

Friedman, J.

The question presented by this appeal concerns the meaning of the phrase “manufactured by you” in the context of a commercial insurance policy. We conclude that under the terms of the policy plaintiff did not manufacture the clothing destroyed by a fire, notwithstanding that a designer such as plaintiff may be loosely considered a manufacturer within the parlance of the fashion industry.

Plaintiff (Bijan) is a designer and retailer of high-fashion men’s clothing. It operates two retail stores, one at the St. Re-gis Hotel in Manhattan and the other in Beverly Hills, California. On June 1, 1996, a fire at the St. Regis location caused extensive damage to Bijan’s inventory, an inventory consisting primarily of clothing it designed.

At the time of the fire, Bijan was insured under a commercial insurance policy (the policy) issued by defendant (Fireman’s Fund), which covered this loss. During the adjustment of Bijan’s claim, a dispute arose concerning the valuation of Bijan’s stock. This dispute was centered around paragraph K.3 of the policy, which provides the following.

“Stock will be valued as follows:

“a. Stock that is supplies or raw materials will be valued at Replacement Cost.

“b. Stock that is work-in-progress will be valued at the cost of materials, labor, supplies, and overhead incurred.

“c. Stock that is finished goods and manufactured by you will be valued at the price for which it could have been sold if there had been no loss, less discounts and unincurred expenses.

“d. Stock that is finished goods that you have purchased from others for resale will be valued at Replacement Cost” (emphasis added).

[50]*50According to Bijan, its stock constituted finished goods that Bijan, itself, had manufactured. Therefore, Bijan claimed entitlement to approximately $10,000,000, which, pursuant to subparagraph c, is the price for which the goods could have been sold had there been no loss. Fireman’s Fund, on the other hand, argued that, while the damaged stock constituted finished goods, the stock was purchased by Bijan from others for resale, not manufactured by it. Hence, pursuant to subparagraph d, Fireman’s Fund asserted that it was only required to pay Bijan the replacement cost, namely, $1,600,000. Fireman’s Fund paid such amount and then commenced this action seeking a declaration that the stock destroyed in the fire was not manufactured by Bijan. In turn, Bijan asserted counterclaims seeking to recover the resale value of the stock.

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Bluebook (online)
264 A.D.2d 48, 705 N.Y.S.2d 30, 2000 N.Y. App. Div. LEXIS 2589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bijan-designer-for-men-inc-v-firemans-fund-insurance-nyappdiv-2000.