ONE BEACON INS. v. OLD WILLIAMSBURG CANDLE CORP.

No. 03 Civ. 6901(LAK).

386 F.Supp.2d 394 (2005)

ONE BEACON INSURANCE COMPANY, Plaintiff, v. OLD WILLIAMSBURG CANDLE CORPORATION, et al., Defendants.

United States District Court, S.D. New York.

June 30, 2005.


Attorney(s) appearing for the Case

John A.V. Nicoletti, Geoffrey J. Ginos, Samuel C. Coluzzi, Nicoletti Hornig Campise & Sweeney, New York City, for Plaintiff.

William H. Parash, Joshua L. Mallin, Jared Zola, Weg & Myers, P.C., New York City, for Defendant Old Williamsburg Candle Corp., a Delaware Corporation.


MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff moves for summary judgment declaring an insurance policy void. The question is whether the policy, notwithstanding a clause barring assignment, was in effect at the date of a loss that followed the sale of the covered business. As a reasonable juror could find that the insurer's agent knew of the sale of the business and that the insurer nevertheless "renewed" the policy and continued to accept premium...

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