Max Warehousing, LLC v. Auto-Owners Insurance Company

Max Warehousing, LLC appeals a grant of summary judgment denying its breach-of-contract and bad-faith refusal-to-pay claims against Auto-Owners Insurance Company.

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Max owned an Atlanta warehouse property that it insured through Auto-Owners. Because Max was paying off a mortgage on the property to Embassy National Bank, the policy listed Embassy both as a mortgagee and as the loss payee — the party that would receive the money if Auto-Owners paid out a claim. 1 The policy agreement provided that Auto-Owners would “[n]ot pay for any loss or damage caused by ... [vjandalism [or tjheft” if the…