News & Analysis as of

Policy Exclusions Business Closures

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

Rumberger | Kirk

Eleventh Circuit Weighs Business Interruption Coverage for COVID Related Loss

Rumberger | Kirk on

Trial courts have started to rule and appellate courts are now being asked to decide whether government closure orders enacted due to the COVID-19 pandemic cause restaurants “direct physical loss or damage to property” within...more

Hogan Lovells

TKC v Allianz Insurance Plc: temporary loss of use of premises does not trigger standard BI cover

Hogan Lovells on

The Commercial Court has ruled that temporary loss of use of premises as a result of COVID-19 lockdown measures will not trigger cover under a standard business interruption policy that requires property damage to trigger...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Verrill

Does a property insurance policy still provide coverage if a business does not reopen after the COVID-19 Stay At Home Orders are...

Verrill on

Most property insurance policies in today’s market include a provision that causes coverage to lapse if the property is vacant (as defined by the policy) for a period in excess of 30 days. Fortunately, insurers have generally...more

Hinshaw & Culbertson - Insights for Insurers

Virus Exclusions Are Not Preventing Some Policyholders from Filing COVID-19 Coverage Lawsuits

A steady stream of COVID-19-related insurance coverage matters continues to be filed in state and federal courts across the United States. As we have previously discussed in an April 4 update and an April 9 update,...more

Lathrop GPM

Will Business Interruption Losses From COVID-19 Be Covered By My Insurance?

Lathrop GPM on

The answer is maybe; but you will not know without a thorough review of all potentially applicable policies. You may be hearing in the media, or directly from brokers, insurance adjusters, or risk managers that there is no...more

Hinshaw & Culbertson - Insights for Insurers

Insights on the First COVID-19 Coverage Lawsuits

As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more

Ervin Cohen & Jessup LLP

Business Interruption Insurance Coverage In The Age Of Coronavirus

Businesses whose operations have been shut down due to the coronavirus crisis rightly look to their business interruption or business income policies for relief. As a general matter, in order to trigger coverage those...more

Dorsey & Whitney LLP

Insurance Coverage for Costs and Losses Due to the COVID-19 Pandemic: Some Considerations

Dorsey & Whitney LLP on

The novel coronavirus, and the respiratory disease it causes (COVID-19), continue to exact a human toll. As state and national governments fight to mitigate the impact, businesses are also attempting to address the social and...more

Goodwin

COVID-19: Business Interruption and Insurance Amid a Pandemic

Goodwin on

Businesses in the United States and around the world are undergoing a fundamental and unprecedented disruption as a result of the coronavirus pandemic (COVID-19). State governments have issued “shelter-in-place” and...more

Butler Snow LLP

COVID-19 Has Businesses Examining Their Insurance Policies for “Business Income” / “Civil Authority” Coverage

Butler Snow LLP on

When the Governor of Louisiana issued a COVID-19 proclamation postponing or canceling certain gatherings of 250 or more people, the owners of the Oceana Grill, a restaurant in the heart of the French Quarter, filed a lawsuit...more

Roetzel & Andress

COVID-19 – Is it A Direct Physical Loss Or Damage To Covered Property So As To Trigger Business Interruption Coverages?

Roetzel & Andress on

Each day we are seeing new restrictions, closures of businesses and self-quarantines of employees and family members. All of these impact our daily lives and our businesses. The continuing spread and the potential impact of...more

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