In United Air Lines v. Ins. Co. of the State of Penn., No. 05-2144CV, 2006 WL 401632 (2nd Cir. N.Y. Feb. 22, 2006), a U.S. court of appeals ruled that United Air Lines was not entitled to business interruption coverage for losses "that were not a direct result of physical damage at either the insured's property at its 'insured locations' or any 'adjacent properties.'"

 United suffered business interruption losses due to the terrorists attacks that occurred on September 11, 2001. It suffered a loss of earnings when its facilities at Washington National Airport were subject to a temporary shutdown.

 United argued that its policy contained a Suppression Damages Clause, which covered its lost earnings even if its airport property suffered no physical damage. The court, however, said that no such clause existed.