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Insurance Industry Business Losses

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Walkers

Constructs in Industry Loss Cat Bonds

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Catastrophe bonds using industry-loss triggers have become increasingly popular among ILS investors and cedant sponsors. Industry loss catastrophe bonds pose less adverse selection risk from the point of view of...more

J.S. Held

Analyzing Business Income Losses Following Ingress/Egress & Service Interruptions

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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

K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

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Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

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

Struck by CrowdStrike Outage? Your Business Loss Could Be Covered

Over the last week, organizations around the globe have struggled to bring operations back online following a botched software update from cybersecurity company CrowdStrike. As the dust settles, affected organizations should...more

Cadwalader, Wickersham & Taft LLP

COVID Decision of Interest

In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more

Rivkin Radler LLP

Insurance Update - June 2024

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Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Flaster Greenberg PC

Eight Steps to Recovering Under Your Florida or New Jersey Hurricane Insurance Policy

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The threat of hurricanes is very real for southern states from Texas to Florida and eastern states from Florida to New Jersey, New York, and even Maine during the six-month long Atlantic hurricane season, which runs from June...more

Wiley Rein LLP

Insured Not Entitled to a Windfall Under Cyber Policy’s Business Interruption Insuring Agreement

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In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

J.S. Held

Ports & Terminals: Potential Claims & Other Impacts Resulting from the Francis Scott Key Bridge Collapse

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J.S. Held previously published articles on how to handle complex ports and terminals business interruption insurance claims, marine and cargo damages, and marine stock claims. These topics have again come to the forefront of...more

Sheppard Mullin Richter & Hampton LLP

New York Court of Appeals Rules in Favor of Insurers on COVID Coverage

Our February 2023 post “The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses” left readers wondering whether the New York Court of Appeals would uphold the First...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

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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

Zelle  LLP

Fifth Circuit Holding Addresses Scope of BI Coverage Under Cyber Policy

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The Fifth Circuit added to the emerging body of case law addressing the recovery of business income losses in the cyber insurance coverage context to kick-start 2024 in Southwest Airlines Company v. Liberty Insurance. ...more

Cozen O'Connor

Claims Notes

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New York Department of Financial Services (DFS) is concerned that AI’s self-learning behavior increases the risks of unlawful or unfair discrimination. DFS will audit insurers’ use of AI. Such insurers need to maintain...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Robins Kaplan LLP

Crack the Code: Evaluating Cyber Claim Exposure

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Small businesses account for 99.9 percent “of all American businesses,” with more than 33.1 million small businesses employing a staggering 61.7 million Americans. There is nothing “small” about their import to the economy or...more

Kennedys

New Jersey Supreme Court rules that COVID-19 business interruption claims may be dismissed at the pleadings stage

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In a unanimous opinion issued yesterday, the New Jersey Supreme Court joined the majority of other courts to hold that business interruption losses related to the COVID-19 pandemic are not covered under the standard language...more

Ward and Smith, P.A.

FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

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Insurance policies hold immense significance for business owners and professionals, as they can be a safety net for life's unexpected curveballs and can also assist business owners and professionals with proactive planning...more

Lowenstein Sandler LLP

Favorite Topics of 2023

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On the last “Don't Take No For an Answer” podcast of 2023, Lynda Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series’ most popular topics, such as difference between the...more

J.S. Held

Valuing Out of Sight Inventory Losses

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Introduction: The Importance of Accurate Inventory Valuation - Inventory valuation is often necessary for the purposes of evaluating and determining damages. Such damages could arise from a multitude of factors such as...more

McCarter & English, LLP

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality...more

Adams and Reese LLP

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

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Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases,...more

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