A WR Berkley Corp. unit is required to provide coverage to a solar panel company due to the business interruption that occurred when its solar panels were closed after a fire, a federal district court ruled.
However, the U.S. District Court in Boston dismissed an unfair claim by Littleton, Massachusetts-based NextSun Energy Littleton LLC against WR Berkley Co. Acadia Insurance Co., following Wednesday's judgment in NextSun Energy Littleton, LLC against Acadia Insurance Co.
In May 2016, a fire broke out on the roof of a NextSun facility that damaged 88 of the 6,050 panels on one of its arrays, but caused no damage to the 5,742 solar panels in a second group, according to the judgment [1
Acadia agreed to pay $ 31,044 for direct physical damage under its commercial inland waterway insurance, but did not agree on the amount it had to pay for the lost energy production income, with the amount disputed between the insurer and the company amounted to a total of $ 257,971, according to the decision. brought an action against the insurer. The insurer's reasoning to deny cover for the loss "ignores the" ordinary and ordinary "language of the policy", the court said in an earlier case and ruled NextSun's advantage of breach of contract
however to reject the allegation of bad faith "because there is no evidence because the defendant acted in bad faith during this dispute with the plaintiff about the insurance policy ", said the decision. "The erroneous denial of the insurance claim, but more, does not rise to the level of bad faith or unfair trade," it said.
NextSun Attorney Steven J. Torres, a partner with Torres, Scammon & Day LLP in Boston, said, "We are very pleased" the court agreed that the claim falls within policy coverage. The decision was "well reasoned," he said.
Acadia's lawyer had no comment.