Jay Freeman Co. v. Glens Falls Insurance

MEMORANDUM ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

This is an action under a boiler and machinery insurance policy issued by defendant Glens Falls Insurance Company (“Glens Falls”) to plaintiff Jay Freeman Company (“Freeman”). The case arises out of an accidental failure of one of Freeman’s food freezers on August 28,1978, resulting in the thawing and consequent loss of frozen food of a value of $28,023.54. Glens Falls concedes that the policy provides coverage for loss of thawed freezer contents, but maintains that it is excused from liability by virtue of Freeman’s failure to use due…