Dynasty, Inc. v. Princeton Insurance

754 A.2d 1137, 165 N.J. 1, 2000 N.J. LEXIS 985
CourtSupreme Court of New Jersey
DecidedJuly 24, 2000
StatusPublished
Cited by18 cases

This text of 754 A.2d 1137 (Dynasty, Inc. v. Princeton Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dynasty, Inc. v. Princeton Insurance, 754 A.2d 1137, 165 N.J. 1, 2000 N.J. LEXIS 985 (N.J. 2000).

Opinions

The opinion of the Court was delivered by

VERNIERO, J.

In this insurance litigation, plaintiff seeks payment from defendant insurer for the loss of plaintiffs commercial premises. The [4]*4Appellate Division upheld the jury’s verdict in favor of plaintiff. The sole issue before this Court is whether the trial court adequately instructed the jury. We hold that the trial court committed reversible error by failing to give an “increase-of-hazard” instruction. That instruction would have informed the jury that defendant could not be found liable for the loss if the fire hazard was increased by any means within the control or knowledge of plaintiff. In view of our holding, we remand the matter for a new trial.

I.

In or about April 1993, Dynasty, Inc. (“Dynasty”) was incorporated by two partners, Donald Esposito and Thomas Gatto (referred to collectively as “the partners”). In that same month, Dynasty purchased a restaurant known as “Antonio’s” from The Fifth Man, Inc. (“Fifth Man”). Esposito’s uncle, Jerry Esposito, owned Fifth Man. The restaurant was located on Bloomfield Avenue in Bloomfield, New Jersey. The purchase price was $150,000.

The partners jointly paid $60,000 of the purchase price in cash and gave Fifth Man a note for $90,000, which was payable over three years with eight percent interest. Dynasty and the two partners were liable on the note, which was also secured by a mortgage in favor of Fifth Man. An unrelated party, Henry Kopacz, owned the building that housed Antonio’s. Kopacz agreed to assign Fifth Man’s lease to the new owner.

Soon after the purchase, the partners made changes to Antonio’s, essentially transforming it from a restaurant to a nightclub. As examples of the transformation, the restaurant’s name was changed to “Hollywood Lights,” and, in or about September 1993, the business started having male strippers perform at least once a month and started to serve primarily “finger foods.” Hollywood Lights also began hosting non-alcoholic nights for teenagers.

Because the nature of the business had changed from a restaurant to that of a nightclub, the Bloomfield Fire Department [5]*5required that a sprinkler system be installed on the premises at a cost of about $21,000. The system was installed in April 1994. The partners had to borrow funds to help finance the installation of the sprinkler system and seemed ill-prepared financially for that additional expenditure. Conflicts soon- developed between Esposito and Gatto over the direction the club should follow. Esposito wanted a more conservative establishment to cater to an older clientele, whereas Gatto favored an approach that would appeal to a younger constituency.

The nightclub also fell into financial difficulty. Dynasty was falling behind on its loan payments, its rental payments and its accounts with its liquor suppliers. Esposito had to borrow $35,000 from a friend not only to pay part of his investment but also to pay for the sprinkler system. Dynasty never paid the sprinkler installer in full, owing the installer about $5,500 at the time of the fire. By May 1994, the financial difficulties worsened. Fifth Man, the mortgage holder, was threatening to foreclose on its mortgage and Esposito and Gatto fell further behind on the loan payments. Jerry Esposito, on behalf of the mortgagee, agreed to refinance the loan if Gatto would terminate his interest in the business. Gatto, in exchange for resigning his position with Dynasty, was released from the loan and formally resigned from the company on May 13,1994.

With Gatto’s departure, Esposito alone owned the business and ran it with help from his uncle, Jerry Esposito. Soon after Gatto left, in the weeks immediately prior to the fire, Donald Esposito changed the front door locks to the building, installed a new tile floor, repainted the inside and outside of the building, and restocked the liquor inventory.

The fire that destroyed Hollywood Lights occurred in the late evening of Sunday, June 5, 1994. According to expert testimony, the fire was intentionally set. A witness in a neighboring building testified that he heard a “roar” and that the floor beneath him shook. When he walked outside, the witness observed an unidentified blue van coming from Hollywood Lights at a high rate of [6]*6speed. When firefighters arrived, they entered the building by prying open a locked, undamaged front door. That arson was the cause of the blaze appeared obvious: firefighters found three five-gallon gasoline containers in the nightclub and noticed a strong-smell of gasoline. The parties do not dispute arson as the cause of the fire.

Donald Esposito testified that he was at the movies when the fire started. He stated that he was last at Hollywood Lights on the morning of the day of the fire to look for his jacket. Esposito stated further that on his way home from the movie theater, after stopping for coffee, he drove in the direction of his residence and the club. He stopped because of the commotion and then was told that Hollywood Lights was ablaze. Esposito spoke briefly with fire investigators that evening.

The sprinkler system was found chain-locked in the “off’ position at the time of the fire, thus preventing it from activating. At the time the local fire department had approved the system in April 1994, the system’s control valve was locked in the “on” position. Esposito testified that the key for the valve was kept nearby in the event that someone, presumably a patron, intentionally activated the sprinkler with a cigarette lighter.

Dynasty maintained fire insurance pursuant to a policy issued by the Princeton Insurance Company (“Princeton”). Due to the fire, Hollywood Lights sustained damages in the approximate amount of $244,000, which exceeded the $150,000 coverage limit in Dynasty’s policy. Dynasty made a claim to Princeton for payment up to the full amount of coverage. Pursuant to the terms of the policy, the insurer required that Esposito submit to an examination under oath. During that examination, Esposito denied any complicity or knowledge in the setting of the fire and specifically denied under oath that he had turned off the sprinkler system. He admitted being in the building earlier on the day of the fire, when the building was closed, but denied bringing gasoline onto the premises.

[7]*7Princeton denied the claim on the basis of its belief that the insured ordered or acquiesced in the setting of the fire. Thereafter, Dynasty instituted this action, which was tried before a jury in January 1998. Esposito testified at trial concerning the sprinkler system and his purported lack of knowledge concerning the arson, essentially mirroring his previous testimony submitted to the insurer. Princeton’s theory at trial was that Esposito set the fire, or facilitated it by disabling the sprinkler system, to obtain the insurance proceeds and thus alleviate his financial burdens. The insurer supported that allegation by eliciting testimony about Dynasty’s business dealings and Esposito’s personal debts and by arguing that the former partner, Gatto, had- nothing to gain from the arson because he had relinquished all interest in the business.

Dynasty rebutted defendant’s theory by arguing that Gatto had a key to the building and may have set the fire himself as an act of vengeance. Esposito further testified that he did not increase the value of the insurance policy although he was given the chance to do so.

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Dynasty, Inc. v. Princeton Insurance
754 A.2d 1137 (Supreme Court of New Jersey, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
754 A.2d 1137, 165 N.J. 1, 2000 N.J. LEXIS 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dynasty-inc-v-princeton-insurance-nj-2000.