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J & R ELECTRONICS INC. v. ONE BEACON INSURANCE CO.

35 A.D.3d 169 (2006)

825 N.Y.S.2d 462

J & R ELECTRONICS INC., Appellant, v. ONE BEACON INSURANCE CO., Formerly Known as GGU INSURANCE COMPANY and Others, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 5, 2006.

When calculating plaintiff's actual loss of business income as provided under the business interruption clause of the insurance policy, defendant properly deducted a payment already made to plaintiff for its damaged merchandise at the selling price. Plaintiff would otherwise have received a double recovery for these goods. Plaintiff's argument that the payment for the merchandise should not have been deducted at selling price because...

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