United States Second Circuit

Summary judgment for defendant-insurer on plaintiff's claims for lost earnings arising from the September 11 terrorist attacks is affirmed where the losses were not covered under the policy since plaintiff cannot show that the lost earnings at issue resulted from physical damage to its property or from physical damage to an adjacent property.

Appellate Information

• Decided 02/23/2006
• Published 02/23/2006

Judges

• SACK, Circuit Judge., Before:  WINTER, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Elliot H. Scherker, Greenberg Traurig, P.A. (Pamela A. DeBooth;  Peter M. Gillon, Geoffrey J. Greeves, Simon Miller, John F. Triggs, Greenberg Traurig, LLP;  of counsel), Miami, FL, for Appellant.


• For Appellees:
  
• Jeffrey Weinstein, Mound Cotton Wollan & Greengrass (Eugene Wollan, Mark S. Katz, of counsel), New York, NY, for Appellee.