Business Interruption Property Damage

News & Analysis as of

Hurricane Matthew Requires Immediate Action to Maximize Insurance Recovery

After tearing through the Caribbean, Hurricane Matthew’s path brought it north to the Southeastern coast of the U.S., bringing evacuations, business closures and damages to the region. Florida, Georgia, South Carolina and...more

Five Ways to Prepare for Business Interruption Insurance Claims in a Natural Disaster

The extraordinary images and reports of the devastation from Hurricane Matthew have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business...more

Insurance Recovery for Losses Related to Hurricane Matthew

Action Item: Businesses and homeowners along the East Coast from Miami to Charleston may suffer significant property damage and/or business interruption as Hurricane Matthew moves along the coast. Insurance will be a critical...more

Charlotte-area riots and looting could be covered by insurance

Businesses in Charlotte, North Carolina will most likely be covered by property insurance for damage caused by protesters. Additionally, some may be able to recover lost business income. Over the last two evenings,...more

Crisis Management in the Gas Patch (Part 2): Handling Well Control Claims

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are...more

A Plague O’ Both Your Clauses: Insurance Probably Won’t Cover Businesses Stung By Zika

During the past several months, Zika virus has rapidly spread across Latin America and into the United States. While Congressional action has stalled, the Centers for Disease Control and Prevention (CDC) has issued a number...more

Insurance for Wildfires and Other Natural Disasters

It’s a good time to insulate your wine business against getting burned or shaken up in a disaster. The California wildfire season is well underway. Only a year ago, the Lake County fire destroyed hundreds of homes,...more

Hurricane Season: Time to Determine Whether You're Covered for Weather

June 1 brings the beginning of the 2016 hurricane season. These storms have the potential to cause devastating damage for companies who own property such as apartment buildings, hotels, factories, retail outlets, warehouses...more

As Winter Storm Jonas Bears Down, Businesses Should Seek To Protect Their Insurance Rights

While this year’s winter has been relatively mild for the East Coast, Winter Storm Jonas is expected to produce prolific amounts of snow in parts of the East, rivaling infamous snowstorms of the recent past. While the...more

Federal Appeals Court Emphasizes the Importance of Enforcing Contractual Limitations on Consequential Damages

A recent federal court of appeals decision endorses consequential damages exclusions in commercial contracts, and makes clear that such limitations are enforceable under North Carolina law. The United States Court of...more

South Carolina’s 1,000-Year Flood Requires Immediate Recovery Action

South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies....more

Business Interruption Insurance: Why You Need It and How You Can Maximize Your Coverage

In his recent blog post on disaster planning for businesses, Foley associate Nicholas E. Williams noted: “Business interruption insurance, which covers the loss of income suffered by a business after a disaster, plays an...more

Maximizing Insurance Recovery for the Tianjin Port Explosions

On Wednesday, August 12, 2015, two massive explosions devastated large swaths of Tianjin, China, an industrial powerhouse and home to one of the world’s busiest ports. The explosions, which reportedly have killed more than a...more

Will Insurers Respond To The Texas Floods?

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused...more

Arizona Court: Argument that All Business Income Loss Caused by a Wildfire is Covered is “Off Base”

Several weeks ago in White Mt. Communities Hosp., Inc. v. Hartford Cas. Ins. Co., 2015 WL 1755372, 2015 U.S. Dist. LEXIS 50900 (D. Ariz., Apr. 17, 2015), an Arizona federal court underscored that business interruption losses...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

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

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

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

The Missing Link In Business Interruption Coverage Claims

Suppose you are counsel for a policyholder impacted by a damaging storm, hurricane or other catastrophic event. Your client reports that it sustained property damage and a significant business interruption loss. You are asked...more

Disaster and Business Interruption Coverages in the Wake of the Polar Vortex

The “Polar Vortex” created severe cold weather conditions and record low temperatures across most of the United States. Many businesses suffered property damage or loss of business as a result of weather-related shut downs,...more

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