One Beacon Insurance v. Old Williamsburg Candle Corp.

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 payments, the motion is denied.

Facts

In 1995, Meir Ackerman and Eugene Loevinger formed Old Williamsburg Candle Corp. (“OWC NY”), a Brooklyn…