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Business Interruption Property Damage Policy Terms

K&L Gates LLP

Litigation Minute: Extreme Weather and Natural Disasters: Insurance Tips for Commercial Policyholders (ESG Litigation Series: Part...

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What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural...more

Bradley Arant Boult Cummings LLP

Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance Policies

Summertime. The kids are getting out of school. Maybe you have a vacation planned. Down here in Florida, we make early preparations for the annual “it’s going to be the worst hurricane season on record” reports...more

K&L Gates LLP

Extreme Weather and Natural Disasters - Insurance Tips for Commercial Policyholders

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Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more

Zelle  LLP

The Key Bridge Tragedy: What Loss Of Income Coverages Will Apply?

Zelle LLP on

At 1:29 am on March 26, 2024, a cargo ship collided (or, more accurately, allided) with the Francis Scott Key Bridge near Baltimore, Maryland. The bridge fell into the Patapsco River in a matter of seconds, immediately...more

McGuireWoods LLP

Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse

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On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more

ASKramer Law

Weather & Climate Risk Management Part IV: Taxation of Weather Risk Management Products

ASKramer Law on

Are there differences in the way in which weather derivatives and weather insurance are taxed? Yes. Weather insurance products, including parametric insurance, are taxed as insurance; and derivatives are taxed in accordance...more

Pillsbury - Policyholder Pulse blog

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Butler Weihmuller Katz Craig LLP

Bracing for Fiona – A pre and post analysis of hurricane risk in Puerto Rico and the Caribbean

How can carriers prepare for what is to come after Fiona’s direct impact on Puerto Rico? First and foremost, carriers should begin securing and mobilizing an adequate roster of independent adjusters, ready to respond to...more

Quarles & Brady LLP

2021 Wisconsin Insurance Case Law Year in Review

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Every year, Quarles & Brady’s Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. We then summarize the cases to keep you informed of developments...more

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

Bricker Graydon LLP on

In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Hinshaw & Culbertson - Insights for Insurers

Tic-Tac-Toe, Sixth Circuit Finds No Coverage For COVID-19 Claims Based Upon The Absence of Direct Physical Loss

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a policyholder’s COVID-19 insurance coverage action in Santo’s Italian Café LLC v. Acuity Insurance Co., No. 21-3068 (6th Cir. Sept. 22,...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

Flaster Greenberg PC

COVID Insurance Rulings Are Misinterpreting Physical Loss

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All-risks property insurance policies typically insure against direct physical loss of or damage to covered property. If asked, pre-pandemic, whether a policyholder's loss of use of property — in the absence of any...more

Burr & Forman

Uphill Battle Awaits COVID-19 Business Insurance Claimants as the Debate Moves up to Appellate Courts

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A majority of trial courts adjudicating COVID-related property insurance coverage lawsuits have found that coverage is not triggered absent direct physical loss or property damage. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Judge Rules That Business Owner in Pennsylvania Is Entitled To Insurance Coverage for COVID-19 Related Business Losses

Business owners with casualty insurance, business interruption insurance, civil authority insurance (coverage for when a governmental authority denies access to an insured property) or the like and who suffered financial loss...more

K&L Gates LLP

COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement

K&L Gates LLP on

On 15 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Morgan Lewis

Maximizing Insurance Assets Amid Extreme Weather Conditions

Morgan Lewis on

With recent severe weather events in Texas and other states causing significant property damage and business disruptions, companies should consider how their insurance coverage, including business interruption and supply...more

Faegre Drinker Biddle & Reath LLP

COVID-Related Insurance Claims Remain a Focal Point as the New Year Begins

At the start of 2021, one thing is clear: COVID-19 will continue to play a major part in insurance coverage litigation trends in the new year. Until now, the main focus has been on claims for lost business income due to...more

Epstein Becker & Green

Missouri Court Denies Business Interruption Claim and Questions Prior Decisions

Epstein Becker & Green on

Following up on our prior discussion of Studio 417, Inc., et al. v. The Cincinnati Ins. Comp., a different federal judge in the Western District of Missouri recently ruled in Zwillo V, Corp. v. Lexington Insurance Co. that a...more

Goodwin

COVID-19 Business Interruption Suits: An Overview Of Decisions To Date

Goodwin on

The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

Morgan Lewis on

The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been...more

Ervin Cohen & Jessup LLP

Ruling May Shed Light On Physical Losses and COVID-19

In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more

Neal, Gerber & Eisenberg LLP

Illinois Tells Insurers to “Err on the Side of the Policyholder” When Evaluating Insurance Claims Related to Vandalism, Riots and...

On June 5, 2020, we issued a Client Alert regarding insurance coverage for property damage and business income losses that businesses may have suffered due to recent incidents in cities across the country. On June 8, 2020,...more

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