Datatab, Inc. v. St. Paul Fire and Marine Insurance Co.

LASKER, District Judge.

These are cross-motions for summary judgment by the plaintiff-insured and the defendant-insurer. Although not in dispute, we outline the facts briefly in order to place the issue in proper perspective.

On August 1, 1970, defendant, St. Paul Fire and Marine Insurance Company (“St. Paul”), issued to plaintiff, Datatab, Inc., an insurance policy which covered various aspects of Datatab’s data processing business located on the fifth and sixth floors of a building in New York City. Insuring Agreement No. 6 to that policy provided insurance for “business interruptions.” It…