Berk-Cohen Associates v. Landmark American Insurance Co.

2009 WL 2777163 (2009)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Berk-Cohen Associates v. Landmark American Insurance Co.

United States District Court for the Eastern District of Louisiana
2009 WL 2777163 (2009)

RW

Facts

Landmark American Insurance Company (Landmark) (defendant) insured Berk-Cohen Associates, LLC (Berk-Cohen) (plaintiff) against business-interruption losses affecting Berk-Cohen’s Louisiana apartment complex. The policy covered interruptions due to wind damage but excluded coverage for interruptions due to flood damage. In measuring losses, policy clause 3(a)(2) precluded taking into account any improved postinterruption business conditions resulting from the same cause that produced the interruption. Clause 3(a)(2) specifically did not apply to business improvements caused by factors outside the policy’s scope of coverage. A devastating region-wide hurricane hit Berk-Cohen’s apartments and temporarily disrupted its tenants’ abilities to pay rent. Landmark disputed Berk-Cohen’s subsequent claim for business-interruption losses. Berk-Cohen sued for a federal district court’s judgment calculating those losses as the difference between Berk-Cohen’s rent revenue before and after the hurricane. Posthurricane revenue was up significantly from prehurricane figures because of a surging demand for apartments from people who had lost their houses in the hurricane. Landmark argued that the case should be dismissed, citing the Fifth Circuit’s Finger Furniture decision as precedent. Landmark moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Block, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 744,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 744,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 744,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership