News & Analysis as of

Ingress/Egress

J.S. Held

Analyzing Business Income Losses Following Ingress/Egress & Service Interruptions

J.S. Held on

The first two papers in this series—Handling Business Income Loss During Hurricane Season and Projecting Revenues for Business Income Losses During the Pandemic—largely emphasized impacts from the pandemic and the resulting...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Ida Losses and the Remainder of the 2021 Hurricane Season

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With Hurricane Ida having battered Louisiana, Mississippi and various other states, businesses will soon look to secure insurance recoveries for the significant property damage and business income losses left in its wake....more

Farrell Fritz, P.C.

Northwell Loses Bid For COVID-19 Insurance Coverage

Farrell Fritz, P.C. on

SDNY Judge Jed Rakoff rejected Northwell Health’s bid for insurance coverage for its increased costs and business losses related to the COVID-19 pandemic in a recent decision.  ...more

Farrell Fritz, P.C.

Right-Of-Way Width – Not Set In Stone

Farrell Fritz, P.C. on

Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined.  New York courts take the approach that elevates the right of passage over full use an easement...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Rivkin Radler LLP

Title Insurance Policy Excluded Coverage of Claims for Easements Implied by Law, New York Court Rules

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A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers...more

Jones Day

Proposed California Legislation Would Create Important Rebuttable Presumptions Supporting COVID-19 Business Interruption Coverage

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As the latest in a series of similar bills introduced by the legislatures of various states, California Assembly Bill 1552 would create important rebuttable presumptions affecting the burden of proof and supporting coverage...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not...more

Goulston & Storrs PC

No, Insurance is Not the Solution to the Problem

Goulston & Storrs PC on

At least not in the short-term, and perhaps, for most, not at all. Here’s why and what you should be doing now: By now, most of you have received – either directly or indirectly – notes, articles and missives of type...more

Gray Reed

Strip and Gore Doctrine: Infinity War

Gray Reed on

Yet another entry in the Strip and Gore universe (2012’s “Beware of Strips and Gores”, and 2019’s “Strip and Gore 2: The Sequel”) comes to us from Fort Worth Court of Appeals: Richard D. Crawford v. XTO Energy, Inc....more

Lowndes

Lowndes Client Corner Podcast Episode 5 - Winter Park Distilling Company Brews One-Of-A-Kind Facility in Winter Park

Lowndes on

Dan McIntosh talks with Andrew Asher and Paul Twyford, founders of the Winter Park Distilling Company, a Central Florida distiller of spirits, including Dog Island Rum, Genius Vodka and Bear Gully Classic Whiskey. Andrew and...more

Robins Kaplan LLP

When an Insured is Denied Access to Their Business: Is it Covered?

Robins Kaplan LLP on

Imagine your city is hit with a major wildfire, and the only road with access to your business is closed off due to the fire. Your employees cannot reach the store. Your customers cannot come and buy products....more

Chartwell Law

Georgia Court of Appeals Clarifies Workers' Compensation Scheduled Break Exception

Chartwell Law on

The Court of Appeals of Georgia recently ruled in the Frett v. State Farm Employee Workers Compensation matter that the “ingress and egress rule” does not apply to an employee leaving the employer’s premises on a scheduled...more

Butler Weihmuller Katz Craig LLP

Hurricane Florence: Civil Authority and Ingress/Egress Coverage

The hurricane may trigger civil authority or ingress/egress coverage for businesses that are not directly damaged but lose income because they cannot access their operations for a period of time due to a governmental...more

Jones Day

Maximizing Insurance Recoveries for the 2018 Hurricane Season

Jones Day on

The Situation: On August 23, 2018, Hurricane Lane made landfall on Hawaii, dropping more than 52 inches of rainfall—the second-highest storm rainfall total in U.S. history. The Result: Hawaiian businesses are recovering...more

Zelle  LLP

When a Business Entrance is Blocked: Ingress/Egress Coverage in the Wake of Hurricane Harvey and Irma

Zelle LLP on

As businesses and insurers recover from the devastation of Hurricane Harvey and Hurricane Irma, it may take time to fully assess the effects of these storms on a business’s bottom line. Invariably, however, the scale of these...more

K&L Gates LLP

K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II

K&L Gates LLP on

This is the second episode in a three-part series on emergency preparedness and response in long-term care. Since natural disasters can result in monumental expenses for rebuilding facilities, it is important to understand...more

King & Spalding

Infrastructure Crisis Management: Maximizing Insurance Coverage for Business Interruption Losses Caused by the I-85 Bridge...

King & Spalding on

Atlanta’s traffic woes are hardly newsworthy, but last week’s I-85 bridge collapse is resulting in traffic headaches that could cause local businesses and the logistics industry to suffer millions of dollars in business...more

Carlton Fields

I-85 Bridge Collapse: Business Interruption Coverage Issues

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In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy...more

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Womble Bond Dickinson

The Thin Line Between Land Litigation and Land Use Controversies

Womble Bond Dickinson on

Frequently, land litigation—land boundary and ownership claims - is a controversy concerning the use of land. The recent case of Hedgepeth v. Parker’s Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 15, 2015

Carlton Fields on

REAL PROPERTY UPDATE - State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more

Baker Donelson

OSHA Reminds Its Inspectors To Look At Egress Issues

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If OSHA pays you a visit anytime in the next few months, you can expect that they will also look at egress issues at your workplace. In June 17th's edition of OSHA's Quick Takes, OSHA issued the following...more

Zelle  LLP

Lessons From Past Give Guidance To Sandy-Related Claims

Zelle LLP on

Originally published in Insurance Law360 on January 15, 2013. In the aftermath of Hurricane (or post-tropical cyclone) Sandy, insurers and insureds alike will face a number of complicated insurance coverage issues, to...more

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