Marsillo v. National Surety Corp.

MEMORANDUM AND ORDER

LOVELL, District Judge.

This action arises out of a fire which destroyed the place of business of Debtors Roger and Diane Bergeson on June 12, 1982. At the time of the fire the debtors, *694who were then undergoing reorganization pursuant to Chapter 11 of the United States Bankruptcy Code, were insured by defendant National Surety Corporation (National). The policy of insurance contained a “business interruption” clause, which allegedly covered loss of income and additional expense resulting from debtors’ inability to operate the business following the fire.

The complaint, filed…