Bi-Economy Market, Inc., Appellant v. Harleysville Insurance Company of New York, Respondents

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the insured may recover consequential damages, including the loss of its business, for the insurer's breach of a commercial property insurance contract because such damages were reasonably foreseeable and contemplated. The decision was contested by a dissent that warned against recharacterizing punitive damages as consequential damages.