Triple Investment Group, LLC v. Hartford Steam Boiler Inspection & Insurance

71 F. Supp. 3d 733, 2014 U.S. Dist. LEXIS 173217, 2014 WL 7184452
CourtDistrict Court, E.D. Michigan
DecidedDecember 16, 2014
DocketCase No. 13-cv-13382
StatusPublished
Cited by1 cases

This text of 71 F. Supp. 3d 733 (Triple Investment Group, LLC v. Hartford Steam Boiler Inspection & Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Triple Investment Group, LLC v. Hartford Steam Boiler Inspection & Insurance, 71 F. Supp. 3d 733, 2014 U.S. Dist. LEXIS 173217, 2014 WL 7184452 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [#47, 48]

GERSHWIN A. DRAIN, District Judge.

I. INTRODUCTION

On August 6, 2013, Plaintiff, Triple Investment Group, LLC (“Triple Investment”), commenced this action against Defendant, The Hartford Steam Boiler Inspection and Insurance Company (“Hartford Steam Boiler”). In the Complaint, [735]*735Plaintiff alleges that there was a mechanical breakdown of a furnace covered by an insurance policy issued by Defendant. Plaintiff further alleges that the mechanical breakdown caused the destruction of the Pontiac Silverdome’s roof. As a result, Plaintiff contends that Defendant breached the insurance contract between the Parties, and now seeks over $22 million in damages due to the alleged mechanical breakdown of the furnace.

Presently before the Court is the Defendant’s Motion for Summary Judgment. See Dkt. Nos. 47, 48. This matter is fully briefed, and a hearing was held on December 8, 2014. For the reasons discussed herein, the Court will GRANT Defendant’s Motion for Summary Judgment.

II. Factual Baceground

The Pontiac Silverdome (“Silverdome”) is an 80,000-seat stadium located at 1200 Featherstone Road, Pontiac, Michigan. The Silverdome was built in 1975, with an original roof that consisted of Teflon-coated fiberglass panels. The roof panels were air-supported and cable restrained. The air used to inflate and support the original roof was supplied by makeup air units situated at the top of the Silverdome. These air units were fixed along the perimeter of the roof and forced air into the stadium, keeping the original roof inflated.

On March 4, 1985, the original Silver-dome roof collapsed due to accumulation of snow on the roof and strong winds. A company named Birdair manufactured a replacement roof for the Silverdome that consisted of 100 single-layer, Teflon-coated fiberglass panels. These panels had a lower profile making the replacement roof more resistant to snow and wind.

Additionally, the 1985 roof replacement incorporated a number of equipment upgrades, including the addition of 10 new rooftop makeup air units. These 10 new units were equipped with furnaces capable of operating in a “high-fire” setting; the high-fire setting helped melt snow on the roof. The 10 new rooftop units were installed as additions to four preexisting, auxiliary indirect furnaces that were part of the original construction of the stadium. The four preexisting furnaces were mounted in the north, south, east, and west quadrants of the Silverdome. Also, in addition to the ten new rooftop units, the Silverdome was equipped with 11 concourse heaters in order to heat the stadium for events. Thus, in total, the Silver-dome was equipped with 25 furnaces for heating the Silverdome and its roof.

Even with the additional furnaces, however, the Silverdome roof, suffered another tear in January of 1999. Birdair completed temporary repairs for this tear in January of 1999 and made permanent repairs in July of 1999. From 1992 to 2009, an individual named John Kissick was in. charge of operating and maintaining the Silver-dome roof and related equipment and systems. This responsibility later fell to Alan Allard (“Allard”), an appointee of Plaintiff, following Plaintiffs purchase of the Silver-dome at auction from the City of Pontiac for approximately $500,000, in December of 2009.

Upon purchasing the Silverdome, Plaintiff purchased an insurance policy (the “Policy”) — Number FBP2337892 — from the Defendant with effective dates of December 1, 2012 through December 1, 2013. Subject to all of its terms, conditions, definitions, and exclusions, the Policy provides “equipment Breakdown Coverage” for “covered equipment” located at the Silver-dome.

On December 24, 2012, a winter storm was expected to hit the Pontiac area. At the time, the west indirect furnace had ceased operating and was not serviced or returned to operation. Furthermore, of the 10 rooftop air units with furnaces and snow-melt capacity, only seven of the roof[736]*736top air units were operable on December 24, 2012. With only seven of the 10 rooftop furnaces functioning, Allard attempted to start the three functioning main furnaces in order to generate more heat for the roof due to the impending storm. Although the furnaces for the east and south sections of the roof started normally, the furnace for the north section of the roof (the “North Furnace”) would not start.

In the days following the alleged failure .of the North Furnace, snow and ice began to accumulate on the roof of the Silver-dome. At approximately 1:30 a.m., on December 29, 2012, a large piece of ice slid down the Silverdome roof, tearing an approximate 5x20-foot hole at the bottom of one of the rectangular roof panels in the north section of the roof. In response, on that same day, Mr. Allard called the Met-rodome in Minnesota, the Superdome in New Orleans, and four different roof contractors to figure out how to repair the hole. Also, on December 29, 2012, Alex Loewy (“Loewy”), the Silverdome’s events coordinator, placed calls to Birdair to attempt to get someone to repair the hole.

On December 30, 2012, Loewy twice spoke with David Ricci of Birdair and was told Birdair would send someone to repair the Silverdome the morning of December 31, 2012. On December 31, 2012, Greg Francuch (“Francuch”) of Birdair implemented a temporary “stop-patch” repair. By the time Mr. Francuch implemented the stop-patch repair, Plaintiff contends that the hole had doubled in size to 10x40-feet.

Following the stop-patch repair, the Parties agree the next step would have been to perform a temporary “grid-patch” repair using mesh to cover the hole. The grid-patch repair was the repair that was used to repair the hole that formed in the roof in 1999. However, the temporary grid-patch repair never occurred;

Plaintiff asserts that, on January 1, 2013, the stop-patch repair failed, and the roof suffered even further tearing. After internal discussions, Plaintiff decided to deflate the roof on January 2, 2013. Following the roofs deflation, Plaintiff claims gale force winds ravaged the deflated roof. By January 20, 2013, the roof was severely damaged and destroyed; however, Plaintiff had yet to provide any notice to Defendant regarding the alleged mechanical breakdown.

On January 25, 2013, Plaintiff submitted its first claim notice to Defendant regarding the furnace’s alleged mechanical breakdown. Defendant received Plaintiffs claim and conducted four inspections at the Silverdome using Defendant’s HYAC contractors, mechanical and structural consultants, and engineers. Defendant’s four inspections took place on February 5, 2013, February 28, 2013, March 21, 2013, and March 27, 2013. Additionally, Defendant asserts that it communicated with Birdair as a part of its investigation.

According to Plaintiff, it took Defendant’s HVAC contractor 27 days — from February 28, 2013 to March 27, 2013 — to analyze and fix the problem with the North Furnace. On July 19, 2013, upon the conclusion of its investigation, Defendant denied Plaintiffs insurance claim, explaining that there was no coverage under the Policy for Plaintiffs claim. Plaintiff later commenced this action on August 6, 2013. Plaintiff contends that the disputed insurance proceeds exceed $20 million.

III. Law & Analysis

A. Standard of Review

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Bluebook (online)
71 F. Supp. 3d 733, 2014 U.S. Dist. LEXIS 173217, 2014 WL 7184452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triple-investment-group-llc-v-hartford-steam-boiler-inspection-mied-2014.