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?

The litigation trickle regarding coronavirus coverage issues is turning into a flood as lawsuits seem to be filed every day and in many different jurisdictions. United Policyholders has established a COCID-19 Loss Recovery Advisory Team which included a stellar panel of insurance attorneys including Merlin Law Group attorney Ed Eshoo:

COVID-19 Loss Recovery Advisory Team
John Buchanan, Covington & Burling (DC)
John Ellison, Reed Smith (PA)
Edward Eshoo, Merlin Law Group (IL)
Peter Kochenburger, UConn School of Law (CT)
Lorelie S. Masters, Hunton Andrews Kurth (DC)
Jason Mazer, Cimo Mazer Mark (FL)
Sherilyn Pastor, McCarter & English, (NJ)
Holly Soffer, Kellis Soffer, Counsel to the American Association of Public Insurance Adjusters (PA)
Continue Reading United Policyholders in the Lead Regarding Education of COVID-19 Loss Recovery and For Policyholders

As proof that I try to be fair and balanced, a big BRAVO! to all the insurance companies who recognize that those doing automobile repairs deserve a safe working environment. The vast majority of all the insurance companies are paying the extra costs to sanitize automobiles from the coronavirus before repair.
Continue Reading Safeco and Geico Put Money Over Car Repairmen’s Safety When It Comes to COVID-19

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!

Small business owners are having a devastating time with the COVID-19 pandemic. Most are either shut down or severely hemorrhaging with lost profits. I am frequently asked whether business owners have insurance coverage for this shut down and what they should do.
Continue Reading What Should a Small Business Owner Do Regarding Business Interruption Caused by COVID-19? And Understanding What Physical Damage Means Under a Property Insurance Policy—Do Not Miss Tuesday’s At 2 with Chip Merlin

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?

As discussed in my blog post last week, the coronavirus may impact deadlines for property insurance claims, including deadlines in which to receive replacement cost benefits. To ensure that Illinois insurance consumer rights are protected and that Illinois consumers do not suffer unnecessary hardship during this pandemic, the Illinois Department of Insurance implemented Bulletin 2020-09. In that Bulletin, the Department requested that all insurers licensed or authorized to transact insurance business in Illinois consider implementing certain protective measures.
Continue Reading The Illinois Department of Insurance Requests Property and Casualty Insurers Implement Various Safeguards Due to the Coronavirus Impact