Assurance Co. v. BBB Service Co.

Johnson, Presiding Judge.

BBB Service Company, Inc. owns several Wendy’s Old Fashioned Hamburgers restaurants in Florida and Georgia. BBB contracted with Assurance Company of America for insurance covering its restaurants. One of the clauses in the insurance policy provided that in certain circumstances BBB could recover lost income caused by a civil authority action prohibiting access to the restaurants. The clause, entitled “Civil Authority,” states:

We will pay for the actual loss of “business income” you sustain and necessary “extra expense” caused by action of civil authority that…