Commercial Insurance Claims

For anyone following the daily flood of developments regarding business interruption and COVID-19, insurance commentator Bill Wilson is a good source to read and follow. Astutely, his website is www.insurancecommentary.com. Mr. Wilson’s newest post, It’s Not Just About ‘Direct Physical Damage’,1 raises interesting new arguments about Civil Authority claims – a sub-coverage within business interruption. He breaks down some factors that lean both for and against civil authority coverage for COVID-19 claims based on some interesting historical research.
Continue Reading Bill Wilson’s New Commentary on ISO Civil Authority policies and Covid-19 Provides Great Fodder for Debate

With COVID-19 business closures, legislatures across the country have been grappling with new questions, including what protections may be afforded by business income insurance. As of late, members of legislatures in states like New York1 and Pennsylvania2 have all proposed legislation in favor of affording coverage for claims that might otherwise be excluded. While these bills have not passed, they may offer some indication about what legal issues could arise in the future.3
Continue Reading State Legislatures Aim to Afford COVID-19 Coverage

A number of federal class action cases involving businesses shut down from the COVID-19 crisis have resulted in requests for federal cases to be consolidated to one court The Judicial Panel on Multidistrict Litigation will decide if that will happen.
Continue Reading What is Multidistrict Litigation (MDL) and Will It Impact Virus Business Income Claims?

Business interruption can be a hot button topic among business owners and carriers alike. The purpose of business interruption insurance is to protect business owners for the loss that occurs for not being able to use a specified location.1 Questions often arise on how to compute the loss of revenue when a business’s operations fully close due to a covered loss. However, what can a business do to better protect itself if its operations are only partially interrupted?
Continue Reading Partial Business Shutdown: An Age-Old Lesson in Carefully Reading the Policy

When I saw my colleague Mike Pappitoninio, who sponsors Mass Torts Made Perfect, started advertising for what must have been his first ever seminar on the intricacies of a property insurance policy, I knew it was only a matter of time before the Mass Tort Lawyers would start to file their lawsuits and ask the Federal Panel on Multidistrict Litigation to consolidate the litigation.
Continue Reading Coronavirus Insurance Coverage Update April 22–Here Come The Mass Tort Lawyers!

In case you missed yesterday’s post and video, Breaking News—President Trump Demands Insurance Companies to Pay Up! Business Interruption Coverage, the trend is clear in the state and federal political arena—insurance companies should Pay Up!
Continue Reading Coronavirus Insurance Coverage Update for April 11—Are Trump Republicans and Other Politicians Going to Support Legislation Forcing Insurance Companies to Pay Pandemic Coverage?

Pennsylvania has followed five other states to propose legislation eradicating the “virus” exclusion for small businesses having commercial business income policies. Insurance company lobbyists are fighting this legislation in numerous ways. One is the argument that such legislation, if passed, would be unconstitutional.
Continue Reading Coronavirus Insurance Coverage Update April 8—Pennsylvania Files Proposed Legislation, An Official “Trickle” of Lawsuits is Filed and Is There A Test That Finds Covid-19 on Property?

Why sue one at a time when you can sue by the bushel full? Billy Goat Taverns are ganging up against their mutual insurance company, Society National, in a federal class action lawsuit. This lawsuit is seeking damages and a declaration of coverage due to their closure from the coronavirus. This class action lawsuit was filed by a personal injury attorney.
Continue Reading Coronavirus Insurance Update April 3—A Class of Billy Goats Joins the Fray Along With Advertising Attorneys While The ISO Says No, No, No

On March 31, 2020, six Northern California Bay Area counties significantly limited construction activity. These orders will result in thousands of construction projects shutting down until at least May 3, 2020. What impact does this have on existing property insurance claims? The answer: a lot, and they will probably result in significant legal disputes.
Continue Reading California Bay Area Shuts Down Construction – How Does This Affect an Ongoing Business Claim?