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BENIAK ENTERPRISES, INC. v. INDEMNITY INS. CO.

Civ. No. 20-5536 (KM)(JBC).

556 F.Supp.3d 437 (2021)

BENIAK ENTERPRISES, INC., Plaintiff, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, D. New Jersey.

Signed August 26, 2021.

Attorney(s) appearing for the Case

Christopher A. Seeger , Seeger Weiss LLP, Ridgefield Park, NJ, Lindsey H. Taylor , James E. Cecchi , Carella Byrne Cecchi Olstein Brody & Agnello, P.C., Roseland, NJ, for Plaintiff.

Daren S. McNally , Clyde & Co. US LLP, Florham Park, NJ, for Defendant.

OPINION

Plaintiff Beniak Enterprises, Inc. d/b/a Benito Ristorante ("Beniak") is a New Jersey corporation that operates a restaurant in Union New Jersey. Defendant Indemnity Insurance Company of North America ("IINA") issued to Beniak a commercial-property insurance policy. Beniak alleges that the "all-risk" commercial...

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