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time needed for the insured drug store chain to resume “functionally equivalentoperations” at the location where its World Trade Center store was located. 77In ZurichAmerican Insurance v. ABM Industries, the insured maintained facilities at the WorldTrade Center providing janitorial and engineering services to the tenants and commonareas. 78After remand from the Circuit Court of Appeals, the district court distinguishedthe case from those like Duane Reade, Inc., finding that the insured could not simplyrelocate to another building and carry on its business. Instead, the court concluded thatthe appropriate period of restoration was the “hypothetical length of time required torebuild the World Trade Center.” 79D. Disease/PandemicAlthough uncommon, the recent Ebola scare in Dallas, Texas underscores theimportance of businesses being prepared for disease and pandemic in the workplace.The U.S. Centers for Disease Control and Prevention (“CDC”) require the existence ofthree conditions to declare that a global outbreak of disease has occurred: (1) theemergence of a new type of virus for which humans have little or no immunity, (2) theculpability of the new virus to infect and cause illness in humans, and (3) the capabilityof the virus to spread easily and without interruption among humans. 80Because manyAmerican companies’ sales, logistics, operations and financial employees regularly77 Duane Reade, Inc. v. St. Paul Fire & Marine Insurance Co., 411 F.3d 384 (2d Cir. 2005).78 Zurich American Insurance v. ABM Industries, 265 F. Supp. 2d 302 (S.D. N.Y. 2003), aff’d in part,vacated in part, rev’d in part by 397 F.3d 158 (2d Cir. 2005), on remand to No. 01 Civ 11200, 2006 WL1293360 (S.D. N.Y. May 11, 2006).79 Id.80 Questions and Answers About Avian Influenza (Bird Flu) and Avian Influenza A (H5N1) Virus,DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION,http://www.cdc.gov/flu/avian/gen-info/qa.htm (last visited Dec. 10, 2014).March 5, 2015 25 @ 3-5-2015 ALFA International6427256.3/SP/00009/0099/011215