In Bender Square Partners v. Factory Mutual Insurance Company, Bender Square Partners sought to recover for losses it suffered as a result of Hurricane Ike to one of its properties it leased to PNS Stores, Inc. According to the Plaintiff, the amounts it sought to recover were covered under a Commercial Property Insurance Policy that Factory Mutual Insurance Company (“FM Global”) issued to Big Lots, Inc. and its subsidiaries, one of which is PNS Stores (the “Policy”). Plaintiff alleged that FM Global improperly refused to pay and indemnify Plaintiff for all losses covered under the policy. As a result, Bender sought damages and other relief for FM Global’s alleged breach of the policy.
After the parties conducted some discovery, FM Global filed a motion for summary judgment, arguing that all of Plaintiff’s claims failed as a matter of law. In response, Plaintiff admitted that it was not a named insured in the policy, but claimed, among other things, that it is a named holder of the certificate of insurance and was entitled to the benefits.
Judge Ellison, of the U.S. District Court for the Southern District of Texas, sided with FM Global, granting summary judgment for all of Bender Square’s claims. Regarding Pla

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