Fireman's Fund Insurance v. Mitchell-Peterson, Inc.

Jones, Presiding Judge.

Defendant-appellant, Mitchell-Peterson, Inc., was the owner-operator of Perkins Cake and Steak in Middletown, Ohio, on July 9, 1982, when a fire severely damaged the restaurant. Appellant had purchased a fire insurance policy containing a business interruption provision from the appellee, Fireman’s Fund Insurance Company, through an independent agency. As a result of the fire, appellant sought recovery for loss of income and additional expenses under the “business interruption policy.”

Negotiations between the parties ensued to no avail seemingly due to the appellant’s…