Business Interruption

News & Analysis as of

Arizona Federal Court Addresses Business Income Loss Coverage

In White Mt. Cmtys. Hosp., Inc. v. Hartford Cas. Ins. Co., 2015 U.S. Dist. LEXIS 50900 (D. Ariz. Apr. 17, 2015), the U.S. District Court for the District of Arizona had occasion to consider the extent of coverage under a...more

Proving Your Business Income Loss: Defeating Insurance Company Challenges to Policyholder Evidence

Courts commonly observe that the purpose of Business Interruption or Business Income insurance is to put the policyholder in the same position it would have been in had there been no interruption. The Business Interruption...more

3 Insurance Pitfalls That Can Put Your Law Practice At Risk

In 2011, I had to deal with a house fire that destroyed my entire home. Traumatic as that was, I learned some valuable lessons from that experience. So many, if act, that they cannot easily be covered in just one article....more

Property Insurance Law: 2014 Year in Review

Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more

Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in...more

Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert

Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer...more

Sizing Up Cyber Risks after the Sony Breach

Sony’s most recent data breach underscores the difficulties in underwriting and insuring cyber risk. Sony incurred losses that were surprising in both their scope and type. The company already is a defendant in at least four...more

The Duties Of An Insurance Broker When Placing Business Interruption Insurance

What does your CFO/risk manager know about BI insurance? - The English court clarifies the extent of an insurance broker’s duties owed to a commercial client when placing Business Interruption insurance and confirms it...more

As the Snowfall Comes to an End, Buffalo, New York Area Businesses Should Seek To Protect Their Insurance Rights

The Buffalo, New York, area has been devastated with record-setting levels of snowfall. In just a few days, the area has received a year’s worth of snow, with more than seven feet in some places. The heavy snow has led to...more

The Northern District of Indiana Holds That Loss Reserve Information Qualifies as Protected Work Product.

In G&S Metal Consultants, Inc. v. Cont’l Cas. Co., 2014 U.S. Dist. LEXIS 151431 (N.D. Ind. Oct. 24, 2014), the district court held that loss reserves generated in anticipated of litigation were protected under the work...more

Property Insurance May Mitigate Ebola-Related Losses

With cases of Ebola now in the U.S., concerns have been raised as to the safety of public places visited by a person infected with the virus. Despite assurances from health officials that it is nearly impossible to contract...more

Ebola Exclusions from Commercial Insurance Policies

Last week we wrote about a new business interruption insurance policy that is being rolled out to healthcare providers which will provide specific coverage for various ebola-related losses. This week we note that some...more

Ebola Scare: Are You Anticipating Your Insurance Risks?

The potential insurance implications of the worldwide Ebola crisis may be as far reaching as the virus itself. In addition to its human toll, businesses should not ignore the potential financial ramifications associated with...more

Business Interruption Insurance for Ebola – Managing Risk for Hospitals and Healthcare Providers

William Gallagher Associates, a Boston-based insurance broker, has announced the rollout of a new policy to cover Ebola-related losses at hospitals and other healthcare providers involved in primary care emergency treatment. ...more

Insurance broker not responsible for setting sum insureds

The UK Queen’s Bench division has recently confirmed that an insurance broker is not responsible for setting sums insured under business interruption insurance. - In Eurokey Recycling Ltd v Giles Insurance Brokers...more

Governor Signs Bill Narrowing Grounds For Business Entity Reinstatement

Over the years, I’ve received several calls asking what can be done when a business entity has been wrongfully terminated. Answering this question became a bit easier in 2006 with the enactment of AB 2588 (Runner) which...more

Insurance Coverage for Businesses Affected by Hurricane Odile

Reports are coming in from Baja California about substantial damages from Hurricane Odile. As of September 15, 2014, the airport in Cabo San Lucas is closed, as are roads up and down the Baja peninsula. While there is no way...more

Business Interruption Insurance: Clearing up the Confusion

In Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm), the English Commercial Court has confirmed the nature of an insurance broker’s duties to its clients when obtaining Business Interruption...more

Insurance recovery issues following Vietnam unrest

Recent turmoil and violence at manufacturing parks throughout Vietnam over the last few weeks is impacting both local and global manufacturers and the complex supply chains currently utilised by MNCs could mean relatively...more

Lights Out for Policyholders Seeking Business Interruption Coverage Due to Loss of Electricity

Super Storm Sandy caused widespread power outages throughout the New York metropolitan area in late October 2012, rendering it impossible for many companies and firms to conduct business. In Newman Myers Kreines Gross...more

Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

Interrupted by Sandy

In Johnson Gallagher Magliery, LLC v. The Charter Oak Fire Insurance Company, 2014 WL 1041831 (S.D.N.Y. Mar. 18, 2014), the United States District Court for the Southern District of New York, granting a motion for partial...more

Fourth Circuit Holds that Contingent Business Interruption Endorsement Does Not Extend to Indirect Suppliers

On February 20, 2014, the United States Court of Appeals for the Fourth Circuit held that a contingent business interruption endorsement did not extend coverage to claims arising out of a business interruption caused by an...more

Insuring Your Business - March 2014

In This Issue: - Is That Covered? Timely Reporting of Food Claims - Business Interruption Coverage for Food Recall Claims - Excerpt from Is That Covered? Timely Reporting of Food Claims - When food...more

Insuring Your Business - March 2014: Business Interruption Coverage For Food Recall Claims

Most insurance coverage is aimed at accidental losses. Policyholders are generally on their own when it comes to economic losses. One important exception to this rule is coverage for business interruption losses. When...more

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