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Inchon, L.L.C., Russian Radio Network, L.L.C. and Wrbs Radio Ethnic v. the Hartford Fire Insurance Company (A/K/A the Hartford); and the

January 18, 2011

INCHON, L.L.C., RUSSIAN RADIO NETWORK, L.L.C. AND WRBS RADIO ETHNIC MEDIA PARTNERS MVI, PLAINTIFFS-APPELLANTS,
v.
THE HARTFORD FIRE INSURANCE COMPANY (A/K/A THE HARTFORD); AND THE HARTFORD INSURANCE COMPANY OF THE MIDWEST (A/K/A THE HARTFORD), DEFENDANTS-RESPONDENTS.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-6006-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 3, 2011 - Decided

Before Judges Lisa and Reisner.

Plaintiffs Inchon, L.L.C., Russian Radio Network, L.L.C., and WRBS Radio Ethnic Media Partners MVI (collectively "Inchon" or "plaintiffs") appeal from a January 23, 2009 trial court order dismissing their complaint on summary judgment in favor of defendants The Hartford Fire Insurance Company and The Hartford Insurance Company of the Midwest (collectively "Hartford" or "defendants"), and from a March 6, 2009 order denying reconsideration. We affirm.

I

These are the most pertinent facts. Inchon provided its customers with access to foreign language radio stations over a cable modem connection. To provide access, Inchon leased server equipment through several finance companies. Inchon insured the equipment with Hartford under a "marine policy" and a "business policy." Under the terms of the marine policy, Hartford imposed certain duties in the event of loss or damage including:

c. As soon as possible, give us a description of how, when and where the loss or damage occurred. . . .

e. At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values, and amount of loss claimed.

f. Permit us to inspect the property and records proving the loss or damage. Also permit us to take samples of damaged property for inspection, testing and analysis.

i. Cooperate with us in the investigation or settlement of the claim.

The policy also precluded recovery for damages or loss resulting from:

Dishonesty: Dishonest or criminal act by you, any of your partners, "members," officers, "managers," employees, directors, trustees, authorized representatives or anyone to ...


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