A must read for any practicing trial attorney – Rules of the Road: a Plaintiff Lawyer’s Guide to Proving Liability, takes the reader on a journey from the initial filing of the complaint to discovery, to the use of experts and of documents in preparation for trial, and then into the crucial techniques necessary to win any trial, all while using the Rules of the Road. Continue Reading Rules Of The Road, by Rick Friedman

Insurance coverage gaps, miswritten policies, and non-reviewed insurance policies are routinely found after hurricanes do catastrophic coverage. It is still not too late for business owners in hurricane country to review their insurance policies, meet with their insurance agents, and get a plan in place. Continue Reading What Should Business Owners Do Now to Prepare For Hurricane Season—Tuesdays at 2 With Chip Merlin

The Six E’s

  1. Extent
  2. Experienced
  3. Excluded
  4. Extra
  5. Effort
  6. Enough

The essence of the Six E’s is that insureds may receive benefits to the Extent of the loss Experienced, not resulting from Excluded causes, and also for Extra expenses incurred, provided that Effort is made to reduce the loss and there is Enough insurance purchased. Continue Reading The First Two Elements of The Six E’s of Business Interruption Coverage—Extent and Experience

Why do commercial insurance lawyers only study insurance cases? I was thinking about this while debating an excellent, but issue ignorant, insurance company lawyer about a particular coverage issue which his client promotes differently at the point of sale versus what he was arguing about the coverage. Similarly, my blog discussion of the Six P’s and Six E’s has nothing to do with insurance coverage cases, but the theory of modern business interruption. Understand the theory, how the policy should be working, and the law should catch up later and even learn from the theory. Continue Reading Commercial Insurance Coverage Attorneys Should Learn the Six P’s—A Discussion of Productivity, Period and Profits

The Six P’s and Six E’s form a traditional framework for understanding business interruption analysis, as noted in The Six P’s and Six E’s of Business Interruption Coverage. Today, I am going to discuss the second and third P— “Property” and “Perils.” Continue Reading What Are the Property and Perils Aspects of Business Interruption Analysis?

Are you really a business interruption expert? Can you recite the Six P’s and Six E’s of Business Interruption Claims? This afternoon at 2 PM EST, I will be quickly addressing these concepts, with an emphasis on one P—The Period. Continue Reading The Six P’s and Six E’s of Business Interruption Insurance Coverage—Join Tuesday at 2 With Chip Merlin To Discuss the Traditional and Often Overlooked Method For Consideration of Business Income Coverage Claims

I own a number of insured boats. Amy Currotto and I are representing boatowners on several boat insurance disputes. Marine insurance policies are often thought of as being under admiralty law, but is it? It is important for the policyholder to analyze which law is applicable in order to properly evaluate coverage. Continue Reading Boat & Yacht Insurance Claims: Does Federal Admiralty or State Law Apply?

Business interruption issues, questions, and debates seem to be the current rage regarding property insurance coverage. There are some excellent discussions and analysis from a number of lawyers who have been involved with this field for quite some time. From reading a number of recent lawsuits, a lot of lawyers involved with some of these lawsuits have no idea what they are doing. I bet a number of company, independent, and public adjusters agree with me. Continue Reading Business Interruption Insurance Basics and the Period to Be Measured— A Discussion of Business Interruption During Tuesdays At 2 With Chip Merlin

During our Tuesdays at 2 With Chip series with Kelly Kubiak and myself, we warned of the upcoming September 10th statutory deadline to file claims for recovery from Hurricane Irma damage. We predict that this is going to provide all sorts of litigation regarding this statute because many policyholders—especially policyholders with claims disputes which delayed initial payment—are not finished with their construction and still finding hidden losses from Hurricane Irma. Continue Reading The End is Near—Hurricane Irma Claim, Supplemental Claim and Re-opened Claim Deadline is September 10, 2020