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A & S CORPORATION. v. CENTENNIAL INSURANCE CO.

April 15, 1965

A & S CORPORATION, A CORPORATION, AND PIONEER TRUST & SAVINGS BANK, A CORPORATION, AS TRUSTEE UNDER TRUST NO. 5028, PLAINTIFFS,
v.
CENTENNIAL INSURANCE COMPANY, A CORPORATION, UNITED STATES FIRE INSURANCE COMPANY, A CORPORATION, NATIONAL FIRE INSURANCE COMPANY OF PITTSBURGH, PA., A CORPORATION, AND BOSTON INSURANCE COMPANY, A CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Campbell, Chief Judge.

This cause having come on before the court for trial without a jury, said jury having been waived by the parties, the court having heard the testimony of witnesses for both the plaintiffs and the defendants and having fully considered the evidence and the briefs of the parties, hereby makes the following findings of fact, and conclusions of law and enters the following judgment order:

FINDINGS OF FACT

1.  A & S Corporation, hereinafter referred to as the
"plaintiff" or "A & S", and Pioneer Trust and Savings Bank,
hereinafter referred to as "Pioneer", the plaintiff
corporations, both have their principal place of business and
are incorporated in the State of Illinois. The defendant,
Centennial Insurance Company, a corporation, has its principal
place of business and is incorporated in the State of New
York. Defendant, United States Fire Insurance Company, a
corporation, has its principal place of business and is
incorporated in the State of New York. Defendant National Fire
Insurance Company of Pittsburgh, Pa., a corporation, has its
principal place of business and is incorporated in the State
of Pennsylvania. Defendant, Boston Insurance Company, a
corporation, has its principal of business and is incorporated
in the State of Massachusetts. All of the above listed
defendant insurance companies are authorized to do business in
the State of Illinois.
3.  Recovery is sought under the business interruption
endorsement of the following policies:
  COMPANY                           POLICY NO.          AMOUNT
  -------                           ----------       ---------
  Continental Insurance Company       #16242            $10,000.00
  United States Fire Insurance Co.    #99464            $10,000.00
  National Union Fire Insurance
  Co., of Pittsburgh, Pa.             #2313759          $10,000.00
  Boston Insurance Company            #143496           $15,000.00
                                                        ----------
                                   TOTAL INSURANCE      $45,000.00
                                                        ==========
4.  The applicable provisions of the aforesaid policies
provide in part as follows:
  "1. Subject to all its provisions and
  stipulations, this policy covers only against
  loss directly resulting from necessary
  interruption of business caused by damage to or
  destruction of real or personal property by the
  peril(s) insured against during the term of this
  policy, except as hereinafter specifically
  excluded or limited, on premises occupied by the
  insured as * * * and situated * * * Illinois.
  "2. Recovery in the event of loss hereunder shall
  be the ACTUAL LOSS SUSTAINED by the insured
  directly resulting from such interruption of
  business, but not exceeding the reduction in
  gross earnings less charges and expenses which do
  not necessarily continue during the interruption
  of business, for only such length of time as
  would be required with the exercise of due
  diligence and dispatch to rebuild, repair, or
  replace such part of the property herein
  described as has been damaged or destroyed,
  commencing with the date of such damage or
  destruction and not limited by the date of
  expiration of this policy. Due consideration
  shall be given to the continuation of normal
  charges and expenses, including the insured with
  the same quality of service which existed
  immediately preceding the loss.
  "3. Resumption of Operations: It is a condition
  of this insurance that if the Insured:
    (a) by resumption of complete or partial
    operation of the property herein described,
    whether damaged or not, could reduce the loss
    resulting from the interruption of business,
    such reduction shall be taken into account in
    arriving at the amount of loss hereunder.
  "4. Gross Earnings: For the purposes of this
  insurance `Gross Earnings' are defined as the sum
  of

(a) Total net sales, and

    (b) Other earnings derived from operation of
    the business less the cost of:
    (c) Merchandise sold, including packaging
    materials therefore,
    (d) Materials and supplies consumed directly in
    services(s) sold, and
    (e) Service(s) purchased from outsiders (not
    employees of the Insured) for resale which do
    ...

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