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Bernstein Liebhard LLP v. Sentinel Ins. Co. Ltd.

Insured Granted Partial Summary Judgment on Breach of Provision for Lost Business Income

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DECISION AND ORDER

*1 Plaintiff Bernstein Liebhard LLP (Bernstein) moves pursuant to CPLR 3001 and 3212 (e) for partial summary judgment on its sole cause of action for breach of an provision for lost business income in the insurance policy (the Policy) issued by defendant Sentinel Insurance Company Limited (Sentinel). Bernstein also moves to dismiss Sentinel’s seventh affirmative defense arising from the same provision. Defendant Sentinel appears to cross move to dismiss the complaint in its entirety based on the same provision, though it does not ask for specific relief beyond summary judgment.Paragraph O(4)(a) of the Policy defines “Business Income” as “Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred if no direct physical loss or physical damage had occurred.” The Policy also limits recovery for business income losses to 12 months after the date of the damage.A fire on August 22, 2013 destroyed the 28th floor of Bernstein’s offices, on which its mass tort law practice, personnel, files, firm-wide computer servers, and telephone switches were located. As a result, Bernstein shut down its marketing efforts (mass tort television advertising) from August 2013 to March 2014. On July 23, 2014, Bernstein submitted a claim for $27 million arising from lost income from several hundred mass tort clients who failed to retain the firm during the 12-month period after the fire.

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