I-Tell Publishing Inc. v. Hartford Casualty Insurance

*724 MEMORANDUM *

United Publishers (“United”) appeals the district court’s dismissal of its various breach of contract claims against its insurance carrier, Hartford Casualty (“Hartford”). Pursuant to 28 U.S.C. § 1291 , we have jurisdiction over United’s timely appeal, and we affirm the district court’s decision.

BACKGROUND

United publishes yellow pages. After experiencing strange power anomalies, United’s computers malfunctioned and one of its hard drives crashed. United’s computer maintenance provider, Decision One, replaced the damaged hard drive, and consonant with industry practice, removed the damaged hard drive from United’s premises. Subsequently, United sold the remainder of its computer system to a scrap metal dealer in Florida and replaced it with a new PC-based system.

At the time of the computer crash, United’s computer system, including the hard drive, was covered by a Major Account Property Coverage Policy (“policy”) from Hartford. That policy covered direct physical loss as well as loss of business income resulting from direct physical loss. In the event of a covered loss, the policy demanded that United, “if feasible, set the damaged property aside and in the…