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Vanguard Graphics LLC v. Hartford Fire Ins. Co.

Events Damaging Printing Press During Disassembly, Transport Not 'Workmanship'

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Pending before the Court are Plaintiffs’ motion for partial summary judgment, see Dkt. No. 54, and Defendant’s cross-motion for summary judgment, see Dkt. No. 55, brought pursuant to Rule 56 of the Federal Rules of Civil Procedure. II. BACKGROUND In late 2014, Plaintiff Koursa purchased a 2001 Heidelberg Sunday 4000 printing press (the “Press”) from a company in Denmark. See Dkt. No. 54-2, Pls’ Stmt. of Facts, at 4. Following that purchase, Plaintiff Koursa entered into a services agreement with Total Press Sales and Service, LLC (“Total Press”), pursuant to which Total Press was required to dismantle the Press in Denmark, transport it to the United States, and install it at a yet-to-be identified site. See id. at 6. In an amendment to that services agreement, the Press components were to be stored in two warehouse locations in New Jersey, owned and operated by Trans American Trucking Service, Inc., until Plaintiff Koursa made a final determination as to where the Press would be installed. See id. at 8. In the spring of 2016, the principal owner of Plaintiff Koursa acquired an indirect ownership interest in Plaintiff Vanguard; and, on March 31, 2016, Plaintiffs entered into an agreement pursuant to which Plaintiff Vanguard leased the Press from Plaintiff Koursa. See id. at

9-10. Plaintiff Koursa assigned its rights and obligations under the services agreement with Total Press to Plaintiff Vanguard. See id. at 11. Total Press agreed to deliver the Press components to Plaintiff Vanguard’s plant in Ithaca, New York, and install it at that location. See id. In the process of transporting, delivering, and installing the Press at Plaintiff Vanguard’s plant, Total Press — or its agents or subcontractors — caused physical damage to various components of the Press. See id. at

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