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Children v. Federal Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 243 (N.Y. App. Div. 2007)

Summary

clothing store in World Trade Center's main concourse

Summary of this case from Retail Brand Alliance, Inc. v. Factory Mutual Ins.

Opinion

No. 209.

February 13, 2007.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered October 11, 2006, which, inter alia, granted defendant's motion for partial summary judgment, declaring that the subject business interruption policy provides coverage for the period it would have taken plaintiff insured to resume at a different location with all reasonable speed the business formerly conducted at its World Trade Center store, unanimously affirmed, with costs.

Kelley Drye Warren LLP, New York (Jonathan K. Cooperman of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton Garrison LLP, New York (Jonathan H. Hurwitz of counsel), for respondent.

Before: Saxe, J.P., Friedman, Marlow, Buckley and Sweeny, JJ.


Plaintiff insured, having elected not to relocate after its World Trade Center location was destroyed on September 11, 2001, is entitled to business interruption coverage for the period of time it would have reasonably taken to resume operation at a different location. It is not entitled under the policy to coverage from the date of the store's destruction until the date it would have been able to achieve its pre-9/11 income, nor does the policy, reasonably construed, entitle it to coverage until the World Trade Center is rebuilt. Contrary to plaintiffs contention, the policy does not specifically identify the World Trade Center location and no request was made by plaintiff to afford that location heightened coverage, tied in duration to the restoration of the store's original location ( see e.g. Royal Indem. Co. v Retail Brand Alliance, Inc., 33 AD3d 392; Duane Reade, Inc. v St. Paul Fire Mar. Ins. Co., 411 F3d 384, 391-398; Lava Trading Inc. v Hartford Fire Ins. Co., 365 F Supp 2d 434 [SD NY 2005]; Streamline Capital, L.L.C. v Hartford Cas. Ins. Co., 2003 WL 22004888, 2003 US Dist LEXIS 14677 [SD NY 2003]).


Summaries of

Children v. Federal Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 243 (N.Y. App. Div. 2007)

clothing store in World Trade Center's main concourse

Summary of this case from Retail Brand Alliance, Inc. v. Factory Mutual Ins.
Case details for

Children v. Federal Ins. Co.

Case Details

Full title:THE CHILDREN'S PLACE RETAIL STORES, INC., Appellant, v. FEDERAL INSURANCE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 2007

Citations

37 A.D.3d 243 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1212
829 N.Y.S.2d 500

Citing Cases

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Instead, the policy insures against losing net business income and incurring extra expenses during the period…

Retail Brand Alliance, Inc. v. Factory Mutual Ins.

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