M&A wins Summary Judgment for Client in Hurricane Irene case

A Kings County Judge granted M&A’s client summary judgment in a first-party property case holding that there was no coverage for lost income for 10 fast food franchise restaurants as a result of Mayor Bloomberg’s  evacuation order because of Hurricane Sandy.  The court agreed that the policy’s 72-hour waiting period barred coverage.  The court also agreed that a loss of access to the restaurants did not constitute a “direct physical loss of or damage to property at the premises.”