Omaha Paper Stock Company v. Harbor Insurance Company, Omaha Paper Stock Company v. Harbor Insurance Company

STEPHENSON, Circuit Judge.

Defendant-appellant Harbor Insurance Company appeals from the trial court’s 1 interpretation of and consequential ruling on a use and occupancy-business interruption insurance contract with the insured, plaintiff-appellee Omaha Paper Stock Company. Harbor contends (1) that the trial court failed to consider Omaha’s increased use of and output at a second plant after the fire at the insured plant; (2) that as a result of the use of the second plant, Omaha did not suffer a total suspension of business as defined by the contract; (3) that therefore Omaha did not qualify…