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Rivington Orchard LLC v. Am. Fire & Cas. Co

Policy Does Not Cover Income Firm Would Have Earned After 'Period of Restoration' Ended

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OPINION AND ORDER Rivington’s Orchard, LLC (“Rivington”) brings suit against its insurer, American Fire and Casualty Company (“American Fire”), following a fire that shut down Rivington’s business for months. The parties principally dispute whether their insurance agreement (the “Policy”) affords coverage for income that Rivington would have earned after the “period of restoration” following the fire ended. American Fire moves for partial summary judgment on this issue; Rivington cross moves for partial summary judgment. For the reasons that follow, American Fire’s motion is granted and Rivington’s motion is denied. I. Background The following facts are undisputed. Rivington, doing business as Corner Grocers, operates a convenience store located at 140 Orchard Street in New York. (See Dkt. No. 19 1.) American Fire is Rivington’s property insurer. (See Dkt. No. 19 7.) In October 2018, Rivington entered into a contract with Lure Outdoor LLC (“Lure”). (See Dkt. No. 19 2.) Rivington allowed Lure to display advertisements on Rivington’s street-facing windows. In return, Lure paid Rivington a monthly fee. (See Dkt. No. 19 3.) The contract had a putative ten-year term beginning in January 2019, but the contract entitled either party to terminate the arrangement on notice after one year. (See Dkt. No. 19

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