ACME Roll Forming Co. v. Home Insurance

OPINION

DUGGAN, District Judge.

On June 23, 1999, plaintiff filed a three-count complaint requesting a declaratory judgment awarding it $25,000.00 in interest (count I), a declaratory judgment awarding it $596,721.72 in statutory interest (count II), and alleging breach of contract (count III). This matter is before the Court on both parties’ motions for summary judgment.

Background

Defendant insured plaintiff under a Manufacturers’ Output Policy of Insurance. On April 8, 1991, plaintiffs facilities were struck by lightning resulting in damage to its manufacturing equipment.

The parties executed a…