Tag Archives: Business Interruption

Chocolatier Gets Sweet Revenge on Chubb

In a Second Circuit decision, the court of appeals revived Madelaine Chocolate Novelties Inc.’s Superstorm Sandy claim against Chubb for property damage and business interruption for an additional $49 million in coverage. In overruling the lower court, the appellate court found that the lower federal court failed to properly evaluate all the relevant policy provisions.1… Continue Reading

Hurricane Michael May Trigger Civil Authority Coverage For Businesses In Florida Panhandle

As the Category 4 Hurricane Michael approached Florida, many areas evacuated in preparation for the storm. During a catastrophic event, such as Hurricane Michael, governmental authorities often order evacuation and prohibit access to certain areas due to public safety. The evacuation orders in Florida forced many businesses to shut down their operations until further notice. … Continue Reading

Auto Dealer Insurance Policies

For the past few days, it’s been raining cats and dogs in New Jersey. Being stuck inside, I was scrolling through my social media feed and came across a video of multiple new cars being washed down what appeared to be a river from a car dealership. This led to a lively discussion on my … Continue Reading

New York Appellate Court Affirms Policyholder’s $58m Property Damage and Business Interruption Win

Never meet the enemy on their own terms. This memorable line from Rudolph Mate’s classic western, The Violent Men, motivates the hero, an embattled ranch owner, as he matches wits and brute force against a ruthless, greedy land baron. The hero’s struggle reminded me of the coverage showdown in National Union Fire Ins. Co. v. TransCanada,1 … Continue Reading

Business Interruption Will Play Big Role in Rebuilding the U.S. Virgin Islands After Irma

The U.S. Virgin Islands holds a special place in my family’s heart. Nothing makes my wife Ashley and I happier than a sail full of trade winds carrying us to the next secluded cove or rowdy beach bar. While most of the national media focused on Hurricane Irma’s trek toward Florida, it is now clear … Continue Reading

Undefined Term in Business Insurance Policy Must be Interpreted with Reference to Industry Specific Meaning to Satisfy Insured’s Reasonable Expectations

In an unpublished decision, the Ninth Circuit Court of Appeals recently used extrinsic evidence to interpret the meaning of “direct supplier” in the context of a commercial property loss.1 I previously blogged about this case in 9th Circuit to Interpret Meaning of “Direct Supplier” In Context of a Commercial Property Loss Claim.… Continue Reading

Business Interruption Claims – Calculating The Period of Restoration

Business interruption coverage provides protection against loss of income when a business suffers property damage from an insured peril (e.g., fire, water loss) that interrupts the operation of the business.1 A typical business interruption policy form provides that the insurer will pay the actual loss of business income the insured sustains during the necessary suspension … Continue Reading

Does My Business Have Insurance Coverage for Losses Attributed to the Zika Virus?

As most of you know, there is a spreading concern about the presence of the Zika virus in South Florida. In fact, the Centers for Disease Control and Prevention has issued travel warnings pertaining to the regions where the Zika virus has been confirmed. The first CDC travel advisory related to South Florida advised pregnant … Continue Reading

9th Circuit to Interpret Meaning of “Direct Supplier” In Context of a Commercial Property Loss Claim

Commercial property insurance policies often include damages sustained by a “direct supplier.” As an example, an insured that sells motorcycles, might rely on a particular motor cycle part supplier to provide parts used in their motorcycles. If the motorcycle part supplier sustains a loss, it could impact the insured’s business.… Continue Reading

Even if Gross Profits Increase after a Loss, Business May Still Have Business Income Loss

When calculating a business income loss, it is important to look at the company as a whole and to look at individual segments of the business. Under a standard loss calculation where the projected “but for” revenues were considered by deducting the revenues from sales of substitute products and applying a profit factor to the … Continue Reading

Riot or Civil Commotion Coverage

After the events that unfolded in Ferguson, Missouri earlier this week, many business owners have been reviewing their commercial property insurance policies because their properties have been damaged or destroyed as a result of rioting, including looting, fire, vandalism, and other associated damage.… Continue Reading

Law Firm Cannot Recover Business Income Losses Resulting from Intentional Pre-Superstorm Sandy Power Outage

A law firm in New York was without power prior to Superstorm Sandy making landfall. The reason for the power outage was because the utility company preemptively shut down power for several days prior to the storm as it anticipated there would be significant pre-storm flooding. The insured premises sustained no flooding or physical damage … Continue Reading

Recent Federal Trial Court Decision Rules on Sandy Claim for Business Interruption Loss Caused by a Power Outage

Superstorm Sandy left over 1 million Con Ed customers without power for days, and in some cases weeks, due to the shut down of the power network.1 An area particularly hard hit was Lower Manhattan where many businesses where affected. As a consequence, many businesses suffered losses of business income giving rise to Business Interruption … Continue Reading

Business Interruption Coverage Found in Superstorm Sandy Case

Those handling Superstorm Sandy claims have likely seen their fair share of business interruption losses. In the last month, there was a ruling from a New York state trial judge in favor of an automotive dealer for business interruption losses sustained due to Superstorm Sandy.1 The interesting holding of the case concerned whether a flood … Continue Reading

New York Courts Recognize the Importance of Business Interruption Coverage to Policyholders Sustaining a Loss

The life of a business can depend on its insurance carrier doing the right thing and promptly paying damages sustained by it quickly and efficiently after a loss. This is the reason many business customers obtain business interruption coverage from their insurance carriers. New York Courts recognize the importance of business interruption coverage to policyholders … Continue Reading
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