This case was last updated from U.S. District Courts on 01/10/2022 at 07:29:33 (UTC).

SJ Computers, LLC v. Travelers Casualty and Surety Company of America

Case Summary

On November 11, 2021, SJ Computers, LLC (“SJ Computers” or “Plaintiff”), represented by Kelly R. Oeltjenbruns of Hunton Andrews Kurth LLP, filed an insurance lawsuit against Travelers Casualty and Surety Company of America (“Travelers”) (“Defendant”), seeking declaratory relief and damages along with pre-judgment and post-judgment interest and costs for the Defendant’s alleged bad faith refusal to acknowledge its obligation to provide insurance coverage for computer fraud, and its failure to pay all amounts due under a crime policy issued to SJ Computers. This case was filed in the U.S. District Court in the District of Minnesota. 

 

In the complaint, the Plaintiff alleged that “After discovering that it was the victim of computer fraud in which a bad actor infiltrated its computer systems, intercepted emails between SJ Computers and its vendors, and impersonated a company executive to cause fraudulent wire transfers, SJ Computers sought coverage for social engineering and computer fraud coverage under the Travelers’ crime policy.”

 

The Plaintiff further alleged that “Travelers agreed to pay a portion of SJ Computers’ loss under the policy’s social engineering coverage, but refused to provide it's insured with the computer fraud coverage the policy promised to pay, despite SJ Computers providing prompt notice of the computer fraud and cooperating fully and completely with Travelers’ investigation of the computer fraud.”

 

The Plaintiff also alleged that “Travelers’ refusal to pay SJ Computers’ loss under the computer fraud coverage constitutes a breach of the policy and its duty of good faith and fair dealing, depriving SJ Computers of the computer fraud coverage it purchased, and forcing SJ Computers to commence this action.”

 

The Plaintiff lists out two claims for relief. The first claim is for alleged breach of contract, wherein the Plaintiff claimed that, under the Policy, Travelers was obligated to pay SJ Computers’ alleged that under the Computer Fraud Insuring Agreement and failed to make such payment. The second claim is for alleged breach of the duty of good faith and fair dealing, wherein the Plaintiff alleged that Travelers lacked an arguable basis for denying coverage and maintaining its denial. No reasonable insurer would, under the given facts and recent court rulings, be expected to deny SJ Computers’ claim and maintain its denial. Travelers exhibited gross disregard for its obligations under the Policy in denying coverage and also misrepresented the scope of the Policy’s conditions and relied on conclusory statements or inferences in its favor to decline coverage, despite having the burden to establish that a Policy exclusion or condition precludes coverage under the Computer Fraud Insuring Agreement. Travelers breached its duty of good faith in handling SJ Computers’ claim and delaying payment of SJ Computers’ covered loss.

 

In the prayer for relief, the Plaintiff requested the Court to enter judgment in favor of SJ Computers against Travelers determining that Travelers breached the Policy and its duty of good faith and fair dealing. The Plaintiff further requested for damages, including consequential damages, pre-judgment and post-judgment interest, attorneys’ fees, costs, and other and further relief as the Court deems proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:21-CV-02482

  • Filing Date:

    11/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

Patrick J. Schiltz

Referral Judge

John F. Docherty

 

Party Details

Plaintiff

SJ Computers, LLC

Defendant

Travelers Casualty and Surety Company of America

Attorney/Law Firm Details

Plaintiff Attorneys

Kelly R. Oeltjenbruns

Attorney at Hunton Andrews Kurth

2200 Pennsylvania Ave. Nw

Washington, DC 20036

Latosha M. Ellis

Attorney at Hunton Andrews Kurth LLP

2200 Pennsylvania Avenue, Nw

Washington, DC 20037

Syed S. Ahmad

Attorney at Hunton Andrews Kurth LLP

2200 Pennsylvania Avenue, Nw

Washington, DC 20037-1701

Defendant Attorney

Joel T Wiegert

Attorney at Hinshaw & Culbertson LLP

333 South 7Th Streetste 2000

Minneapolis, MN 55402

 

Court Documents

#17

(#17) PROPOSED ORDER TO JUDGE re #13 MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America.(Wiegert, Joel) (Entered: 01/07/2022)

#16

(#16) MEET and CONFER STATEMENT re #13 Motion to Dismiss/General filed by Travelers Casualty and Surety Company of America.(Wiegert, Joel) (Entered: 01/07/2022)

15 #1

LR7.1/LR72.2 Word Count Compliance Certificate

#15

(#15) MEMORANDUM in Support re #13 MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wiegert, Joel) (Entered: 01/07/2022)

#14

(#14) NOTICE OF HEARING ON MOTION #13 MOTION to Dismiss/General : Motion Hearing set for 4/6/2022 at 08:30 AM before Judge Patrick J. Schiltz. (Wiegert, Joel) (Entered: 01/07/2022)

#13

(#13) MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America. (Wiegert, Joel) (Entered: 01/07/2022)

#12

(#12) ORDER on #9 Stipulation. Travelers Casualty and Surety Company of America answer due 1/7/2022. Signed by Magistrate Judge John F. Docherty on 12/27/2021.(TJS) (Entered: 12/27/2021)

#10

(#10) PROPOSED ORDER TO JUDGE re #9 Stipulation. (Wiegert, Joel) (Entered: 12/23/2021)

#9

(#9) STIPULATION to Extend Time to Move, Answer or Otherwise Plead to Complaint by Travelers Casualty and Surety Company of America. Jointly Signed by SJ Computers, LLC. (Wiegert, Joel) (Entered: 12/23/2021)

#8

(#8) ORDER granting #6 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Syed S. Ahmad for SJ Computers, LLC; granting #7 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Latosha M. Ellis for SJ Computers, LLC. Signed by Judge Patrick J. Schiltz on 11/22/2021. (NAH) (Entered: 11/22/2021)

7 #1

Motion for Non-Resident to Serve as Local Counsel

#7

(#7) MOTION for Admission Pro Hac Vice for Attorney Latosha M. Ellis. Filing fee $ 100, receipt number AMNDC-9146840 filed by SJ Computers, LLC. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Oeltjenbruns, Kelly) (Entered: 11/16/2021)

6 #1

Motion for Non-Resident to Serve as Local Counsel

#6

(#6) MOTION for Admission Pro Hac Vice for Attorney Syed S. Ahmad. Filing fee $ 100, receipt number AMNDC-9146783 filed by SJ Computers, LLC. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Oeltjenbruns, Kelly) (Entered: 11/16/2021)

#4

(#4) Summons Issued as to Travelers Casualty and Surety Company of America. (lmb) (Entered: 11/12/2021)

#2

(#2) RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff SJ Computers, LLC. (Oeltjenbruns, Kelly) (Entered: 11/11/2021)

1 #3

Exhibit(s) 1-2 (Part 2 of 2, Pages 50-100)

1 #2

Exhibit(s) 1-1 (Part 1 of 2, Pages 1-50)

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Docket Entries

  • 01/07/2022
  • View Court Documents
  • Docket(#17) PROPOSED ORDER TO JUDGE re #13 MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America.(Wiegert, Joel) (Entered: 01/07/2022)

    Read MoreRead Less
  • 01/07/2022
  • View Court Documents
  • Docket(#16) MEET and CONFER STATEMENT re #13 Motion to Dismiss/General filed by Travelers Casualty and Surety Company of America.(Wiegert, Joel) (Entered: 01/07/2022)

    Read MoreRead Less
  • 01/07/2022
  • View Court Documents
  • Docket(#15) MEMORANDUM in Support re #13 MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wiegert, Joel) (Entered: 01/07/2022)

    Read MoreRead Less
  • 01/07/2022
  • View Court Documents
  • Docket(#14) NOTICE OF HEARING ON MOTION #13 MOTION to Dismiss/General : Motion Hearing set for 4/6/2022 at 08:30 AM before Judge Patrick J. Schiltz. (Wiegert, Joel) (Entered: 01/07/2022)

    Read MoreRead Less
  • 01/07/2022
  • View Court Documents
  • Docket(#13) MOTION to Dismiss/General filed by Travelers Casualty and Surety Company of America. (Wiegert, Joel) (Entered: 01/07/2022)

    Read MoreRead Less
  • 12/27/2021
  • View Court Documents
  • Docket(#12) ORDER on #9 Stipulation. Travelers Casualty and Surety Company of America answer due 1/7/2022. Signed by Magistrate Judge John F. Docherty on 12/27/2021.(TJS) (Entered: 12/27/2021)

    Read MoreRead Less
  • 12/23/2021
  • View Court Documents
  • Docket(#11) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Travelers Casualty and Surety Company of America. (Wiegert, Joel) (Entered: 12/23/2021)

    Read MoreRead Less
  • 12/23/2021
  • View Court Documents
  • Docket(#10) PROPOSED ORDER TO JUDGE re #9 Stipulation. (Wiegert, Joel) (Entered: 12/23/2021)

    Read MoreRead Less
  • 12/23/2021
  • View Court Documents
  • Docket(#9) STIPULATION to Extend Time to Move, Answer or Otherwise Plead to Complaint by Travelers Casualty and Surety Company of America. Jointly Signed by SJ Computers, LLC. (Wiegert, Joel) (Entered: 12/23/2021)

    Read MoreRead Less
  • 11/22/2021
  • View Court Documents
  • Docket(#8) ORDER granting #6 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Syed S. Ahmad for SJ Computers, LLC; granting #7 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Latosha M. Ellis for SJ Computers, LLC. Signed by Judge Patrick J. Schiltz on 11/22/2021. (NAH) (Entered: 11/22/2021)

    Read MoreRead Less
  • 11/16/2021
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  • Docket(#7) MOTION for Admission Pro Hac Vice for Attorney Latosha M. Ellis. Filing fee $ 100, receipt number AMNDC-9146840 filed by SJ Computers, LLC. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Oeltjenbruns, Kelly) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#6) MOTION for Admission Pro Hac Vice for Attorney Syed S. Ahmad. Filing fee $ 100, receipt number AMNDC-9146783 filed by SJ Computers, LLC. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Oeltjenbruns, Kelly) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/12/2021
  • Docket(#5) (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Syed S. Ahmad, Latosha M. Ellis as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (lmb) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#4) Summons Issued as to Travelers Casualty and Surety Company of America. (lmb) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • Docket(#3) (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil (3rd, 4th - Master) list, referred to Magistrate Judge John F. Docherty. Please use case number 21-cv-2482 (PJS/DFJ). (lmb) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#2) RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff SJ Computers, LLC. (Oeltjenbruns, Kelly) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Travelers Casualty and Surety Company of America (filing fee $ 402, receipt number AMNDC-9139316) filed by SJ Computers, LLC. Filer requests summons issued. (Attachments: #1 Exhibit Index, #2 Exhibit(s) 1-1 (Part 1 of 2, Pages 1-50), #3 Exhibit(s) 1-2 (Part 2 of 2, Pages 50-100), #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Exhibit(s) 12, #15 Civil Cover Sheet) (Oeltjenbruns, Kelly) (Entered: 11/11/2021)

    Read MoreRead Less
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