United States District Court, S.D. Indiana, Indianapolis Division
ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT
EVANS BARKER, JUDGE United States District Court Southern
District of Indiana
is a dispute over insurance coverage. Plaintiff, Brightpoint,
Inc. (“Brightpoint”), is the insured under a
Crime Policy issued by Zurich American Insurance Company
(“Zurich”), the Defendant. Brightpoint claims
that it is entitled to coverage for a loss of nearly a
million and a half dollars that one of its subsidiaries
occasioned in the Philippines as a result of a scam involving
prepaid telephone cards. Zurich has denied coverage. Each
side has filed a motion seeking summary judgment.
Summary Judgment Standard
judgment is to be granted “if the pleadings,
depositions, answers to interrogatories, and admissions on
file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of
law.” Fed.R.Civ.P. 56(c). In determining
summary judgment, the court views all evidence and draws
reasonable inferences in the light most favorable to the
non-moving party. Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 249-51 (1986). The scope of coverage provided
by an insurance policy, however, is a question of law
particularly appropriate for resolution at the summary
judgment stage since factual disputes, if any, are ordinarily
limited to the amount of loss for which an insurer may be
liable. See Duane Reade, Inc. v. St. Paul Fire and Marine
Ins. Co., 411 F.3d 384, 389 (2nd Cir.
2005); National Fire and Casualty Co. v. West by and
Through Norris, 107 F.3d 531, 534-535 (7th
Cir. 1997); Hurst-Rosche Engineers, Inc. v. Commercial
Union Ins. Co., 51 F.3d 1336, 1342 (7th
coverage provision which Brightpoint seeks to invoke is
referred to by the Zurich policy on the declarations page as
“Form F - Computer Fraud/Wire Transfer.” Form F
is relatively short and the relevant provisions are set out
We will pay for loss of, and loss from damage to, Covered
Property RESULTING DIRECTLY FROM THE Covered Cause of Loss.
1. Covered Property: “Money”,
“Securities” and “Property Other Than Money
2. Covered Cause of Loss: “Computer Fraud”.
B. LIMIT OF INSURANCE
The most we will pay for loss in any one
“occurrence” is the applicable Limit of Insurance
shown in the DECLARATIONS.
We will not pay for loss in any one “occurrence”
unless the amount of loss exceeds the Deductible Amount in
the DECLARATIONS. ... .
D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS
In addition to the provisions in the Crime General
Provisions, this Coverage Form is subject to the following:
1. ... .
2. ... ...