STARR INDEMNITY LIABILITY COMPANY v. BRIGHTSTAR CORP (2020)

SUMMARY ORDER

Brightstar Corp. and Brightstar Germany GmbH (collectively, “Brightstar”) appeal from a September 17, 2019 judgment of the United States District Court for the Southern District of New York (Gorenstein, M.J.) granting summary judgment in favor of Starr Indemnity & Liability Company (“Starr”). Starr, an insurance company, brought this action seeking a declaratory judgment that Brightstar is not entitled to coverage under the parties’ insurance policy for the loss of wireless communication devices at a warehouse in Germany in November 2013. On appeal, the primary issue is whether the full $25 million limit on liability under the policy applied to the German warehouse where the loss occurred. We assume the parties’ familiarity with the underlying facts and prior record of proceedings, to which we refer only as necessary to explain our decision to affirm.

For substantially the reasons stated by the District Court in its thorough opinion and order entered July 12, 2019, we conclude that the full $25 million limit of liability does not apply under the policy to the German warehouse.

We have considered Brightstar's remaining arguments and conclude that they are without merit. For the foregoing reasons, the judgment of the District Court is AFFIRMED.