Property Casualty Insurance: Summary Judgment for a Restaurant


A popular neighborhood bar and restaurant was totally destroyed by fire. The insurance company delayed processing the claim and then refused to pay the proper value for various items and also outright refused to pay for all of the destroyed improvements and structures in the business.
We were hired to pursue the full value of the loss and to seek all remedies from the insurer in court. In a strategic maneuver designed to short-circuit the lawsuit and narrow the issues, our legal team prepared a detailed presentation to the court by way of an early motion for summary judgment. This was a successful Property Casualty Insurance Summary Judgment for the Restaurant.

The court published a lengthy opinion, awarding a substantial sum to the restaurant and requiring only a limited set of issues to be resolved on the balance of the claim. In so doing, the court agreed with the legal interpretation offered on the restaurant’s behalf as to coverage of the “improvements and betterments” in the restaurant. The insurer maintained that the restaurant and bar, as a tenant, could not receive any insurance proceeds for these items, arguing that the tenant need to be the actual owner of the items, which it contended were owned by the landlord.

The court agreed with our team of attorneys, on behalf of the restaurant, in deciding the legal issue as to insurance coverage for the improvements and betterments.


Evan S. Schwartz
Founder of Schwartz, Conroy & Hack