Executive Plaza, LLC v. Peerless Insurance

Plaintiff-appellant Executive Plaza, LLC (“Executive”) appeals from a judgment of the United States District Court for the Eastern District of New York (Seybert, /.) in favor of defendant-appellee Peerless Insurance Company (“Peerless”), dismissing Executive’s claim that it is entitled, under a fire insurance policy, to indemnification from Peerless for the cost of replacing a building damaged in a fire. We assume familiarity with our May 23, 2013, opinion in this case, which sets forth the facts. Exec. Plaza, LLC v. Peerless Ins. Co., 717 F.3d 114 (2d Cir.2013).

The fire insurance policy…