Avery Dennison Corp. v. Allendale Mutual Insurance

ORDER

The request to publish the unpublished Memorandum disposition is GRANTED. The memorandum disposition filed September 25, 2002, is modified by deletion of the following sentence: “We will not repeat most of the facts because the parties are familiar with them.” So modified, the Memorandum disposition is redesignated a Per Curiam Opinion.

OPINION

Avery Dennison Corporation appeals the district court’s summary judgment in favor of Allendale Mutual Insurance Company in Avery Dennison’s suit for breach of a con *1116 tract of insurance and breach of an implied covenant of good faith and fair dealing. The district court held that Avery’s claim was not covered by Allendale’s insurance policy and that there was no evidence of bad faith. Avery Dennison appeals the district court’s ruling. Allendale cross-appeals the district court’s dismissal of its request for sanctions against Avery Denni-son. We affirm the district court’s decisions on both the appeal and cross-appeal.

The Main Appeal

Avery Dennison purchased an insurance policy with special provisions covering crime, including coverage of loss or damage to “Covered Property” caused by employee dishonesty. “Covered Property”…