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Articles Posted in Business Interruption

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Recent Court Decisions Reflect Possibility of Coverage for Losses Suffered by Colleges and Universities Due to COVID-19

Like many businesses, colleges and universities across the country have had to dramatically alter their operations in response to the coronavirus pandemic. Most students completed the spring 2020 semester through online instruction after campuses closed in response to rising infection rates and government shutdown orders. According to the Chronicle of…

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Out of the COVID Frying Pan: Valuing Business Interruption Claims from Wildfires in a Pandemic

One word that aptly describes the devastation that is 2020 is “relentless.” The COVID-19 pandemic has caused both personal and economic suffering throughout the world for over six months. Against the backdrop of the already devastating effects of COVID-19, several regions in the United States have recently experienced powerful storms…

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The Production Company Behind Ben Affleck’s COVID-Stalled Film Sues to Protect Its Pre-COVID-19 Policy Coverages

His daughter missing and a secret government program uncovered … Ben Affleck’s detective thriller Hypnotic was next in line to be on the actor’s list of blockbuster films. That is, until the COVID-19 pandemic halted the film while it was still in pre-production. To insure against such business interruption risks…

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Studio 417 Finds Potential Coverage for COVID-19 Losses Under the “Plain and Ordinary Meaning” of “Physical Loss or Physical Damage”

As the COVID-19 public health crisis continues to surge globally, insurers have closed ranks behind the position that commercial property policies are “not designed” to cover pandemic-related losses, including business interruption. But the various justifications they advance for this assertion often collapse under scrutiny of the relevant policy language. Insurers…

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Insurance Coverage Claims for Theft, Vandalism and Curfews

Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days. Commercial property insurance policies may provide coverage for these losses, which are and should be treated as a separate claim from pandemic-related losses. Property policies cover physical damage to…

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A Primer on Bringing First-Party Insurance Claims

The profound impact of COVID-19 leading businesses to file first-party insurance claims is now well known. Further, insurance companies are systematically pushing back on potential coverage for COVID-19, with some issuing blanket coverage denials without investigation. In other words, this is not an ordinary claims environment. Against this backdrop, many…

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Coronavirus Update – Are You Covered?

In January, we were among the first to post on the insurance implications of coronavirus. Since then, the epidemic has landed on our shores, dragged down the stock market, and become a political football. It has affected supply chains originating in China, with significant results for companies like Apple. And…

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Getting Ahead of the Coronavirus Epidemic: What It Means for Insuring Your Business

There has been a drumbeat of news reports about Wuhan, China, a city more populous than any in the United States, which is in effective lock-down because of the coronavirus. Foreign nationals are being evacuated, travel has been restricted, and business is at a standstill. At a time like this,…

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The Insurance Implications of Hurricane Season Should Be a Concern Year Round

Hurricane Barry provides the latest reminder of insurance precautions that should always be top of mind for business owners in coastal areas. In “Hurricane Barry: Prepare Now to Maximize Insurance Recoveries,” colleagues Tamara D. Bruno, David F. Klein, Joseph D. Jean and Vincent E. Morgan provide a list of helpful…

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Unjust Enrichment – How Property Insurers Use It to Deny Covered Losses

Imagine your organization has suffered significant property damage and interruption to your business as a result. The cause could be anything—a natural disaster, severe mechanical breakdown or a cyberattack. You notify your property insurance carrier and adjust the claim, submitting calculations of your losses based on the policy’s coverages and…