Bi-Economy Market, Inc. v. Harleysville Insurance

OPINION OF THE COURT

Pigott, J.

In this action brought by an insured against an insurer for breach of a commercial property insurance contract, the principal issue presented is whether the insured can assert a claim for consequential damages. Under the circumstances of this case, we hold that it can.*

I

Bi-Economy Market, a family-owned wholesale and retail meat market located in Rochester, New York, suffered a major *191fire in October 2002, resulting in the complete loss of food inventory and heavy structural damage to the building and business-related equipment. At the time of the fire, Bi-Economy…