United States Second Circuit
Duane Reade, Inc. v. St. Paul Fire & Marine Ins. Co., 07-4141
In an action seeking insurance proceeds based on the destruction of a drug store in the September 11, 2001 attacks, dismissal of the complaint is affirmed where: 1) the district court's application of res judicata was proper because plaintiff could have raised in its prior action the claims it raised here, but it did not; and 2) because the store had not yet been "actually replaced," nor had the Recovery Period in the policy terminated following the actual replacement of the store, the Extended Recovery Period provision was inapplicable.
Appellate Information
- Decided 03/31/2010
- Published 03/31/2010
Judges
Court
- United States Second Circuit