Chief Judge Ramona V. Manglona also vacated yesterday’s scheduled hearing on the motion for summary judgment filed by Zhen Rui Brother Corp. on the lawsuit filed by Firstnet Insurance Co.
Manglona ruled that there’s no need to determine whether, as Firstnet claims, the policy is not a valued policy.
Even if it were a valued policy, Manglona said the lost property claimed by Zhen Rui would be excluded by operation of CNMI law.
“Because the value of the policy is not a liquidated demand with respect to the personal property Zhen Rui claims it lost in the fire, damages remain in dispute,” Manglona stated in her seven-page memorandum opinion and order that denied Zhen Rui’s motion for summary judgment.
The plaintiff raised arguments about liability and damages.
Taken together, Manglona ruled that “Firstnet has presented more than sufficient evidence to establish a dispute over liability for the jury to resolve at trial.”
“Firstnet has put forward evidence of motive and opportunity for Zhen Rui to set fire to its own store,” Manglona further ruled.
Late on Oct. 29, 2010, or early Oct. 30, 2010, the complaint said one or more persons using an accelerant, ignited multiple fires within BL Clothing Store, located at JP Construction Corp. Building.
Zhen Rui Brother Corp. operated the clothing store, and valued its lost inventory and equipment at $404,718.53, according to court documents.
