Our insured is a law firm  insured under an older Business Income Form, CP 00 30 10 90, which does not contain the seventy-two-hour period of restoration waiting period. However, the policy is endorsed with the Off-Premises Overhead Transmission Lines Direct Damage and Time Element endorsement, CP 04 19 07 88, which pays for loss the insured sustains after the first twelve hours following the direct physical loss.

During the passing of a tropical storm, the winds caused direct damages to off-premises overhead transmission lines that supply electricity to the insured premises. The insured premises was without electricity for two days. The insured was closed for two and a half days. Windstorm is a covered peril. The insured suffered a covered cause of loss.

The insured is claiming two days of unbilled hours—they could not work so they could not bill their clients—and for payroll they had to pay to their employees during the two days that the firm was closed.