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RETAIL BRAND ALLIANCE v. FACTORY MUT. INC. CO.

No. 05 Civ. 1031(RJH).

489 F.Supp.2d 326 (2007)

RETAIL BRAND ALLIANCE, INC., Plaintiff, v. FACTORY MUTUAL INSURANCE CO., Defendant.

United States District Court, S.D. New York.

May 30, 2007.

Attorney(s) appearing for the Case

Finley T. Harckham, Marshall Nathan Gilinsky, Anderson Kill & Olick, P.C., New York City, for Plaintiff.

David Stephen Evinger, Daniel W. Berglund, Emily Picone Hennen, Terrence Richard Joy, Robins Kaplan Miller & Ciresi, Minneapolis, MN, Helaine Yvette Miller, Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, Newark, NJ, for Defendant.

MEMORANDUM OPINION AND ORDER

HOLWELL, District Judge.

This case concerns business interruption coverage for three stores destroyed in the terrorist attack on the World Trade Center on September 11, 2001 ("9/11"). On January 31, 2005, plaintiff Retail Brand Alliance Inc. ("RBA") filed a complaint against its insurer, Factory Mutual Insurance Co. ("FM Global"), seeking in part a declaratory judgment that RBA is entitled to coverage for business income...

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