Certain Interested Underwriters at Lloyd's, London v. Bear, LLC

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [ECF NO. 70] AND DENYING MOTION TO STRIKE [ECF No. 111]

Plaintiff Certain Interested Underwriters at Lloyd’s, London (“Underwriters”) has filed a motion for summary judgment. (Underwriters’ Mot. Summ. J. (“Underwriters’ MSJ”), ECF No. 70.) For the reasons set forth below, the motion is granted.

I, FACTUAL BACKGROUND

This action arises out of a marine insurance coverage dispute relating to the destruction of a 102-foot motor vessel (“the Polar Bear”) owned by Defendant, Bear, LLC (“Bear”).

A. Procuring the 2013 Policy

In 2010 and 2011, Larry Jodsaas (“Jod-saas”), the owner and managing member of Bear, and Roger Trafton (“Trafton”), the Polar Bear’s captain, sought Marsh USA’s (“Marsh”) agent, Kathy Johnson’s (“Johnson”) assistance in securing an insurance policy for the Polar Bear. (Underwriters Ex. A-5, ECF No. 70-3, ¶ 24.) Marsh submitted requests for insurance quotes for the Polar Bear to several insurers, including Underwriters through Marsh’s London broker, Ropner Insurance Services (“Ropner”). (Underwriters Ex. A-6, ¶ 26.) Bear chose to purchase the policy qfioted by Underwriters. (Underwriters Ex. E-293, ECF No.…