Omni Berkshire Corp. v. Wells Fargo Bank, N.A.
United States District Court for the Southern District of New York
307 F.Supp.2d 534 (2004)
Relevant factsFree
Omni's 1998 loan agreement with Wells Fargo required "all risk" insurance plus any other "reasonable insurance" Wells Fargo might reasonably request, without addressing terrorism specifically; after September 11, 2001, all-risk policies industry-wide began excluding terrorism, and when Omni's renewed policy lacked such coverage, Wells Fargo demanded a costly stand-alone terrorism policy, which Omni resisted as too expensive.
IssueFree
Whether the key to contract interpretation is the parties' reasonable expectations as evidenced by their language, conduct, and the content of the contract as a whole.