B.H.D., Inc. v. Nippon Insurance Co. of Europe, Ltd.

The deductible endorsement of a casualty policy provides that “each claim for loss or damages (separately occurring) . . . shall be adjusted separately and from the amount of each adjusted claim or the applicable limit of liability, whichever is less, the sum of $10,000 shall be deducted.” A person posing as a customer stole items of jewelry from the insured during each of many visits over a three-month period. The aggregate amount of the thefts exceeded the $10,000 deductible limit, but that limit was not exceeded by the theft on any one occasion. There was no extrinsic evidence with respect to the meaning of the policy terms. The trial court held that the deductible was not exceeded and, therefore, the insurer was not liable to the insured. We hold the trial court reached the correct conclusion, and affirm.

Factual and Procedural Summary

This case reaches us from a judgment following the grant of a full summary judgment motion in favor of the respondent. The facts are not disputed; in fact, the factual material in the moving papers was principally based upon declarations filed by appellant in its own motion for summary judgment. They may be briefly…