Diaz Irizarry v. ENNIA, NV

OPINION AND ORDER

LAFFITTE, District Judge.

Plaintiff insured is suing defendant insurer for breach of contract. Defendant issued plaintiff an indemnity insurance policy on plaintiff’s trawler “Whatever.” On July 17, 1983 the “Whatever” sustained damage due to flooding. The insured filed a claim with the insurer for indemnity under the policy. The insurer twice surveyed the damage and twice made offers of settlement to the insured, both of which were spurned as inadequate by the insured. The insured then filed the instant suit. In addition to suing for performance on the policy, in other words…