Gallatin Fuels, Inc. v. Westchester Fire Insurance

OPINION and ORDER OF COURT

AMBROSE, Chief Judge.

The factual and procedural details of this case are well known to the parties, and I need not repeat them in detail here. In short, Plaintiff, Gallatin Fuels, Inc. (“Plaintiff’ or “Gallatin”), seeks payment under an insurance policy issued by Defendant Westchester Fire Insurance Company (“Defendant” or ‘Westchester”) to Mon View Mining Coiporation (“Mon View”) for mining equipment that was destroyed or rendered unrecoverable on April 8, 2002, when the mine in which it was being used returned to its natural water level when the power to the mine…