Pottharst v. Small Business Administration

RUBIN, District Judge:

The Southeast Hurricane Disaster Relief Act of 1965, Public Law 89-339, 79 Stat. 1301, granted relief to certain borrowers under the Small Business Act for loss sustained in Hurricane Betsy “to the extent such loss or damage is not compensated for by insurance or otherwise.” Motions for summary judgment by both parties raise the single issue in this case: whether the quoted words mean “to the extent that insurance could not be obtained to cover such loss or damage” 1 or whether they mean “to the extent insurance was not actually in force even though it was obtainable.”

Eth…