In Duane Reade, Inc. v. St. Paul Fire and Marine Ins. Co., No. 03-9064, 2005 WL 1460641 (June 22, 2005), the Second Circuit Court of Appeals held that a business income policy's restoration period was not tied to rebuilding a store at its former site and that the period extended only until its permanent operations could be restored.

 Duane Reade operated its most profitable drug store in the World Trade Center . Following the destruction of the WTC on September 11, 2001, Reade sought coverage for its lost income for a period ending when the entire WTC complex is rebuilt.

 St. Paul , Reade's business income insurer, argued that the coverage terminated when Reade could reasonably relocate its store to a new location and resume operations.