Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or...more
The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues. A federal court in New York recently...more
1/12/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
A Kings County Supreme Court Commercial Division Justice recently rejected a restaurant tenant’s argument that the Executive Orders issued in response to the COVID-19 pandemic frustrated the purpose of its commercial lease,...more
10/5/2020
/ Breach of Contract ,
Business Closures ,
Business Interruption ,
Commercial Court ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Failure To Pay ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Public Health Emergency ,
Rent
As discussed in our prior update, the New York Legislature is considering a pair of bills that would waive rent payments for a period of 90-days for those residential tenants that have lost their jobs or small business...more
In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more
3/23/2020
/ Business Interruption ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Risk Management ,
Supply Chain