American and Foreign Ins. v. Tee Jays

American and Foreign Insurance Company ("A F") appeals from a partial summary judgment entered in favor of Tee Jays Manufacturing Company, Inc., and Tee Jays Holding Corporation (collectively "Tee Jays"), on Tee Jays' claim for benefits for a claimed business income loss, under an insurance policy it had bought from A F.1 We affirm.

I

In October 1993, A F issued to Tee Jays an insurance policy entitled "Business Protection Portfolio." The policy read, in pertinent part:

"COMMERCIAL PROPERTY COVERAGE PART

"ROYAL FLEX COVERAGE

". . . .

"IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE…