Harborside Refrigerated Services, Inc. v. IARW Insurance

GODBOLD, Chief Judge:

This is an appeal from the district court’s granting of the appellee-insured’s motion for summary judgment. We reverse in part, affirm in part, and remand the issue of attorney’s fees to the district court for further consideration.

Appellee, Harborside Refrigerated Services, is the owner and operator of a cold storage warehouse. Appellant, IARW Insurance Company, is the underwriter on a policy of warehouseman or bailee’s liability insurance. In April, 1980, appellee received a shipment of chicken parts for storage which were ultimately to be purchased by Travagricola, an…