Not "Dependent Property" — Denial of Business Income Loss Claim Upheld

COMMERCIAL PROPERTY – BUSINESS INCOME LOSS CLAIM – "DEPENDENT PROPERTY" Cohen & Slamowitz, LLP v. Zurich Am. Ins. Co.(2nd Dept., 1/23/2019)Commercial property policy for the plaintiff, a former debt collections law firm, provided coverage for actual loss of "business income" sustained by the plaintiff "due to the necessary suspension of operations' caused by direct physical loss or damage by a Covered Cause of Loss to dependent property'" at a premises not owned, leased, or operated by the plaintiff. The policy further defined "dependent property" as premises operated by others on whom the plaintiff depended to "[d]eliver materials or services to you, or to others for your account (not including water, communication or power supply services)."  (Underlining added.)Plaintiff claimed loss of business income from a disruption of its telephone service as a result of severe flooding…

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