CyrusOne, L.L.C. v. Great Am. Ins. Co.

Excerpt

INSURANCE — DAMAGES: In an insurance-coverage dispute under a crime-protection policy, the trial court's award in favor of the plaintiff-insured was not against the manifest weight of the evidence where plaintiff-insured brought a claim to recover its loss within the contractual period and the plaintiff-insured's expert in forensic accounting opined (1) that plaintiff-insured's dishonest employee received $5.6 million in kickbacks from vendors (2) that the vendors transferred the cost of the kickbacks to plaintiff-insured through "purposeful inflation" of invoices and bids and (3) that this "purposeful inflation" of at least $5.6 million was a financial loss to the plaintiff-insured. The trial court did not err by granting summary judgment in favor of defendant-insurer on plaintiff-insured's claim of bad faith where defendant-insurer had a reasonable justification for denying coverage: plaintiff-insured had failed to submit the necessary proof required to establish a loss under the insurance policy. The trial court did not err by entering summary judgment in favor of plaintiff-insured on defendant-insurer's affirmative defense of failure to cooperate: plaintiff-insured had not materially prejudiced defendant-insurer's investigation by failing to reveal that it had secretly recorded dishonest-employee's telephone conversations where the recordings were difficult to understand and plaintiff-insured had taken no action against employee after reviewing the recordings.