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ROYAL INDEMNITY COMPANY v. RETAIL BRAND ALLIANCE, INC.

33 A.D.3d 392 (2006)

822 N.Y.S.2d 268

ROYAL INDEMNITY COMPANY, Respondent, v. RETAIL BRAND ALLIANCE, INC., as Successor in Interest to BROOKS BROTHERS, INC., et al., Appellants. RETAIL BRAND ALLIANCE, INC., Third-Party Plaintiff-Appellant, v. ROYAL & SUN ALLIANCE INSURANCE, PLC, Third-Party Defendant-Respondent.

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

Decided October 10, 2006.

The unambiguous language of the business income loss provision of the local policy issued by Royal US provides that in addition to the requirement that the "suspension must be caused by direct physical loss of or damage to property at or within 500 feet of insured `Premises and Location(s),'" which triggers coverage, there must be "actual loss of Business Income ... due to the necessary suspension of your `operations' ... during...

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