Duane Reade, Inc. v. St. Paul Fire & Marine Insurance Company

Duane Reade's (plaintiff) World Trade Center drugstore was destroyed on September 11, 2001; it sought business-interruption coverage from St. Paul (defendant) for the "restoration period" - the time needed, with due diligence, to restore the business to its pre-loss condition. St. Paul paid roughly $9.86 million based on an assumed nine-month reopening but argued the restoration period ended once Duane Reade's chain-wide sales recovered to pre-incident levels; Duane Reade argued the period should extend until the entire WTC complex was rebuilt. Both parties moved for summary judgment on how to define the restoration period.