By: Derek Hawkins//July 6, 2017//
7th Circuit Court of Appeals
Case Name: PQ Corporation v. Lexington Insurance Company
Case No.: 16-3280
Officials: ROVNER, WILLIAMS, and HAMILTON, Circuit Judges.
Focus: Warehouse Liability Insurance
This appeal presents a dispute over warehouse liability insurance. Defendant Lexington Insurance Company denied a claim by its insured, Double D Warehouse, LLC, for coverage of Double D’s liability to customers for contamination of warehoused products. One basis for denial was that Double D failed to document its warehousing transactions with warehouse receipts, storage agreements, or rate quotations, as required by the applicable insurance policies. Litigation ensued. Plaintiff PQ Corporation was a customer of Double D whose products were damaged while warehoused there. PQ is now the assignee of Double D’s pol‐ icy rights, having settled its own case against Double D by stepping into Double D’s shoes to try to collect on Lexington’s insurance policies. PQ argued in essence that even though Double D had not documented its warehousing transaction in one of the ways specified in the insurance policies, there were pragmatic reasons to excuse strict compliance with those terms. The district court, however, granted summary judgment in favor of Lexington, enforcing the documentation requirement in the policy. We affirm.
Affirmed