Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty Co.

Order, Supreme Court, New York County (Edward H. Lehner, J.) entered October 28, 2005, which, in an action under an all risk policy to recover lost business income, expenses incurred in reducing the loss of business income, and expenses incurred in adjusting the claim, inter alia, granted defendants insurers’ motion for summary judgment to the extent of dismissing so much of the loss adjustment claim as seeks to recover attorneys’ fees incurred in litigating this action, and granted plaintiffs cross motion to dismiss various of defendants’ affirmative defenses, unanimously modified, on the…