Commercial Insurance Claims

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

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

Fox News ran a televised segment about the ability of businesses to collect for lost income and property damage after the recent riots. The good news for most business owners is that the vast majority of all commercial policies will cover the property damage and business income losses caused as a result of these unfortunate incidents. I was happy to be the insurance commentator for Fox News reporting that coverage should be paid for business losses rather than be the bearer of bad news.
Continue Reading Business Income and Property Damage Claims Payable After Riots and Civil Commotion

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 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