Transport Realty Company v. Commercial Union Insurance Company of New York

CASTLE, Chief Judge.

Plaintiff brought this diversity action to recover under an insurance policy of defendant which insured against loss by fire and other perils to plaintiff’s building located in Chicago, Illinois, and for loss of rent and rental value occasioned by the destruction by fire of the premises. The policy also insured the interest of the mortgagee, Continental Illinois National Bank and Trust Company of Chicago. Plaintiff brings this appeal from a summary judgment entered in favor of defendant.

The insurance policy in question contains the following pertinent provisions:

“Conditions…