Jane Street Holding, LLC, appeals from the judgment of the United States District Court for the Southern District of New York (Sweet, J.), granting summary judgment in favor of defendant-appellee Aspen American Insurance Company. On appeal, Jane Street argues principally that the district court misconstrued the insurance policy at the center of this litigation. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.
On October 29, 2012, Hurricane Sandy destroyed Jane Street's $2.2 million generator in the basement of One New York Plaza. Aspen insured Jane Street against flood damage. The dispute is whether the policy insured Jane Street's property in the basement.
The policy defined the "covered location" as Jane Street's corporate headquarters, specifically: "One New York Plaza, 33rd Floor, New York NY 10004." Jane Street submitted a claim, but Aspen refused to pay any more than $50,000—the policy's sublimit for property not in a covered location. Jane Street sued Aspen for breach of contract, breach of fiduciary duty, and bad faith. The district court granted Aspen's motion for summary judgment as to all three causes of action, on the ground that the policy covered property only on the 33rd floor and did not extend to the basement where the generator had been located. Jane Street appeals the district court's judgment with respect to the breach of contract and bad faith claims.
We review de novo both a district court's grant of summary judgment,
The insurance policy defined the covered property as Jane Street's "business personal property in buildings or structures at a `covered location' or in the open (or in vehicles) on or within 1,000 feet of a `covered location.'" The contract's definition of a "covered location" explains that "if the Scheduled Locations Endorsement is added to this policy, `covered location' means a location that is described on the Location Schedule." Jane Street and Aspen did include a Scheduled Locations Endorsement to the policy, and it describes the "Covered Location" as "One New York Plaza, 33rd Floor, New York NY 10004." The text preceding that location reads: "Coverage provided by the [policy] applies only to the `covered locations' described below." Although the policy insured against "direct physical loss" to Jane Street's property "at locations that are not described on the Locations Schedule," the policy limited Aspen's obligations to $50,000 "in any one occurrence for each unscheduled location."
The plain meaning of the policy is that: property inside a building or structure that is on the 33rd floor of One New York Plaza is covered (along with property in the open, or in vehicles, on or within 1,000 feet thereof), while for all other property a $50,000 limit applies.
Having concluded that the policy did not entitle Jane Street to more than what Aspen has paid, we agree with the district court that Jane Street's claim of bad faith is without merit.
For the foregoing reasons, and finding no merit in Jane Street's other arguments, we hereby