United States District Court, D. New Hampshire
W. Rayment, Esq., Jeffrey Christensen, Esq., Doreen F.
Connor, Esq., Michele Carlucci Sears, Esq., Laura Nicole
Carlier, Esq., Richard E. Heifetz, Esq.
J. McAuliffe, United States District Judge.
insurance coverage dispute, Sentinel Insurance Company,
Limited (improperly named as Hartford Fire Insurance Company)
(“Sentinel”) moves for summary judgment that
Sentinel has no obligation to provide coverage, and no duty
to defend or indemnify with regard to the claims asserted in
the complaint. Cam-Sam Real Estate Holding, LLC,
(“Cam-Sam”) and D La Pooch Hotel, LLC, (“D
La Pooch”), along with Lindsey Todt, object. For the
reasons discussed, Sentinel's motion is granted.
is the owner of a multi-unit commercial building and property
located at 21 Londonderry Turnpike, in Hooksett, New
Hampshire. On June 2, 2016, Cam-Sam rented Unit 1 of the
building to D La Pooch for a term of five years. D La Pooch
operated a pet daycare and grooming business in the leased
lease between Cam-Sam and D La Pooch required D La Pooch to
obtain “comprehensive liability insurance on the Leased
Premises” carried “in the name of and for the
benefit of Tenant and Landlord, ” written on “an
occurrence” basis. Document No. 15, ¶ 10. The
lease further mandated the following with respect to
coverage: at least $1, 000, 000 “in case of death or
injury to one person;” $1, 000, 000 “in case of
death or injury to more than one person in the same
occurrence;” and $250, 000 “in case of loss,
destruction or damage to property.” Document No. 15,
Pooch obtained insurance coverage from Sentinel. The policy
issued by Sentinel consists of three types of coverage: (1)
Commercial General Liability/Pet Groomer's Professional
Liability; (2) Workers Compensation and Employers'
Liability; and (3) Building and Business Personal Property.
The Commercial General Liability coverage and Building and
Business Personal Property coverage both fall within policy
No. “81 SBA PP8836” (the “Policy”).
The Worker's Compensation and Employers' Liability
coverage is policy No. 81WECBQ7144. Cam-Sam is an additional
insured with regard to the Policy's Commercial General
contends that, during its tenancy, D La Pooch caused
extensive damage and contamination of Unit 1 by, inter alia,
failing to properly clean up after the pets, and failing to
exercise reasonable care in its use of the plumbing and water
fixtures. After unsuccessfully attempting to work with D La
Pooch to solve the problem, Cam-Sam began eviction
proceedings. D La Pooch vacated Unit 1 on or about August 20,
2017. Cam-Sam then discovered the extent of the damage. Unit
1 was severely contaminated by pet urine and feces. And,
water from overflowing toilets and spillage/seepage had
caused substantial damage. Those damages required significant
repairs, including: removal of all building materials from
Unit 1 down to the building's shell; remediation of odor,
mold and bacteria in the air and duct system; and shot
blasting the concrete floor.
filed suit against D La Pooch, asserting claims for
negligence and breach of contract. Cam-Sam contends that D La
Pooch breached its lease agreement with Cam-Sam by:
• Failing to make monthly rental and fit-up payments;
• Allowing noxious fumes to permeate the building
• Injuring and defacing Unit 1;
• Allowing dog urine and feces to permeate into Unit
1's building materials;
• Engaging in “extra hazardous” activities
by failing to properly contain and clean up dog urine, feces