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Penton Media, Inc. v. Affiliated FM Ins. Co.

United States District Court for the Northern District of Ohio, Eastern Division

August 28, 2006, Decided ; August 29, 2006, Filed

Case No.: 1:03 CV 2111

Opinion

ORDER

On September 30, 2005, this court denied Plaintiff Penton Media, Inc.'s ("Plaintiff" or "Penton") Motion for Partial Summary Judgment, and granted Defendant Affiliated FM Insurance Company's ("Defendant" or "Affiliated FM") Motion for Summary Judgment. (ECF No. 52.) Now pending before the court is Penton's Motion for Reconsideration. (ECF No. 55.) For the reasons stated below, the Motion is denied.

I. FACTS AND PROCEDURAL HISTORY

Penton postponed its Internet World Fall 2001 Conference (the [*2]  "IW Conference"), scheduled for October 1-5, 2001, at the Jacob K. Javits Convention Center ("Javits Center") in New York City, due to the events of September 11, 2001. Penton contends that its losses from the postponement of the IW Conference were covered under its insurance policy with Affiliated FM; in its prior Order, the court held that the insurance policy did not cover Penton's losses.

A. Insurance Policy

The Declarations section of Penton's policy with Affiliated FM provides insurance for:

All risks, as defined and limited herein, on Personal Property, Extra Expense, Gross Earnings including Ordinary Payroll for 30 days, and including Extensions of Coverage applying at the following locations:

Location Schedule:

1. 1300 E. Ninth St., Cleveland, OH 44114, Index No. 49257.12

2. 100 Shoreline Hwy., Suite 201-A, Mill Valley, CA

3. 1350 Connecticut Ave, NW, Suite 902, Washington, DC . . .

(Policy, Pl. Mot. for Summ. J. Ex. 9, FM-C 00380, ECF No. 40.) The "Location Schedule" goes on to list thirty-one locations (together, the "Penton Locations"). The Javits Center is not included in the list of Penton Locations.

The policy also contains [*3]  a set of Business Interruption Endorsements ("BIE"), which reimburse Penton for certain expenses due to specifically-defined business interruptions. The BIE reimbursing Penton for "Extra Expense" due to business interruptions states:

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2006 U.S. Dist. LEXIS 64387 *; 2006 WL 2504907

PENTON MEDIA, INC., Plaintiff v. AFFILIATED FM INSURANCE COMPANY, Defendant

Subsequent History: Subsequent appeal at Penton Media, Inc. v. Affiliated FM Ins. Co., 2007 U.S. App. LEXIS 19669 (6th Cir.) (6th Cir. Ohio, 2007)

CORE TERMS

civil authority, coverage, customer, supplier, Insured, business interruption, Endorsement, Declarations, lease, ambiguous, summary judgment, extra expense, physical loss, clarifies, reconsideration motion, no evidence, actual loss, thirty-one, contends, e-mail, losses, cases, trade show, unambiguous, genuine issue of material fact, extrinsic evidence, insurance policy, damaged, argues, orders

Civil Procedure, Judgments, Relief From Judgments, Altering & Amending Judgments, Contracts Law, Contract Interpretation, Parol Evidence, General Overview, Trials, Jury Trials, Province of Court & Jury, Insurance Law, Claim, Contract & Practice Issues, Business & Corporate Law, Agency Relationships, Establishment