The District Court for the Southern District of New York determined that an insurer is not owed summary judgment in the absence of documentary evidence of its underwriting guidelines. The case is Travelers Cas. Ins. Co. of Am. v. BRB Constr. Corp., 2024 U.S. Dist. LEXIS 154102 (S.D.N.Y. 2024).

The Application

BRB Construction submitted an application to Travelers for businessowners coverage. Part of the application included a list of “Ineligible Operations,” which listed certain categories of business operations that were not eligible for coverage under the plan for which BRB had submitted the application. Among the operations on that list were “(1) ‘elevator or escalator inspections, installations, servicing or repair,’ (2) ‘drywall and plastering,’ (3) ‘debris removal,’ (4) ‘general contractors,’ and (5) ‘metal erection — any type other than purely decorative.’” BRB’s application showed the company was not conducting any of the “Ineligible Operations,” and that it was “a contractor for ‘driveways, sidewalks, or parking areas.’” The company president signed all of the necessary documents, and Travelers ultimately issued a businessowners policy to BRB, which was subsequently renewed three times.