Amy Bach is the Executive Director of United Policyholders. Last week, I had breakfast with her at the world-famous Sears Fine Food restaurant in San Francisco’s Union Square. We discussed a number of the projects United Policyholders is involved in, including the Covid Loss Recovery Initiative and Amicus Curiae Project. An “amicus curiae” brief is often called a “friend of the court” brief filed by a non-party to a lawsuit. This is part of what United Policyholders says about its ongoing Amicus Curiae Project:
Continue Reading United Policyholders Files An Amicus Brief Regarding Covid Lost Income Claims In Ohio Supreme Court

Stempel and Knutsen on Insurance Coverage is a leading American insurance law treatise. The professors have also have published the fifth edition of Principles Of Insurance Law. The authors of those treatises were recently published in a University of Connecticut law review article, Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic,1 which is a must read for those whose interest is insurance policy interpretation and those involved with Covid lost business income claims. Since the article is critical of many Covid business income judicial opinions at the motion to dismiss stage, judges and their law clerks involved with these cases should also look for guidance from these very respected insurance law professors.
Continue Reading Covid Business Interruption Claims Law Review Article Is a Must Read For Students Of Insurance Policy Interpretation

This past week Merlin Law Group attorneys, Amy Currotto and I, had the pleasure of participating in the American Bar Association’s two-day webinar titled “COVID 19: Challenges for Litigators and Underwriters.” As was described in my previous blog post, the online conference allowed property insurance attorneys from many different backgrounds to review and discuss key coverage issues, as well as provide listeners with the insight and arguments being advanced and challenged by policyholders and insurers in the ongoing saga of COVID-19 business interruption litigation.
Continue Reading COVID-19: Challenges for Litigators and Underwriters – A Discussion with John Garaffa on the Decisions and Rationale of Recent Business Interruption Cases

Beginning today, June 2, 2021, and continuing on June 3rd, the American Bar Association will host attorneys for policyholders and insurance companies who will break down what to expect in future policy provisions as a result of Covid-19 claims and decisions. This two-day webinar will review key coverage issues and arguments being advanced and challenged by policyholders and insurers in the ongoing saga of Covid-19 business interruption litigation. I have the pleasure of participating in this webinar as a member of the panel. On June 3rd, my colleague and fellow Merlin Law Group attorney, Amy Currotto, will be speaking on New Policy Provisions and What to Expect.
Continue Reading Sneak Peek at the American Bar Association Live Webinar: COVID 19: Challenges for Litigators and Underwriters – How Do Basic Contract Interpretation Principles Tie into the Latest Court Decisions and Rationale?

On June 2-3, the American Bar Association will host attorneys for policyholders and insurance companies who will break down what to expect in future policy provisions as a result of Covid-19 claims and decisions. This webinar will review key coverage issues and arguments being advanced and challenged by policyholders and insurers in the ongoing saga of Covid-19 business interruption litigation.
Continue Reading American Bar Association Sponsors Webinar on Covid-19 Business Interruption Litigation

Over the past few days, many enjoyed watching what’s been dubbed March Madness. The 64-team college basketball tournament usually draws a massive and lucrative following. People who don’t allocate any time watching basketball during the year will often time tune in to watch all of the madness that March has to offer.
Continue Reading NCAA’s March Madness Business (Bracket) Interruption Insurance Payout

As the United States battle vs. COVID-19 rages on, the battle within the (albeit virtual) court rooms are just starting to take off. Courts across the country are faced with the ultimate question: whether the widespread presence of the COVID-19 virus and resulting governmental closure orders constitute a fortuitous loss causing direct physical loss to insured property owners’ properties.
Continue Reading Ambiguities in Civil Authority Insurance Coverage for COVID-19 Business Losses: “Prohibiting,” “Preventing,” “Denying” – What is the Difference?

The Insurance Services Office (commonly referred to as the “ISO”) is involved with virtually person, business, association, and governmental entity in the United States. Most people have no idea what it is and how important of a role it plays in the background of risk, finance, and insurance. Today, many businesses want transparency in the form of internal documents to know what role it played making all risk business interruption policy forms and virus exclusions which insurers claim allegedly does not afford coverage for their income losses caused by COVID-19.
Continue Reading What is the Insurance Services Office?

The first lawsuit and first tried case regarding the business interruption issues related to COVID-19 was won by the insurance carrier. Here is a copy of the brief Order finding in favor of the insurer.

Regardless of the outcome, my hat is off to John Houghtaling for bringing the action and being a relentless advocate for policyholders in the courtroom and in the halls of Congress. He deserves to receive the Policyholder Attorney of the Year at the Win The Storm Conference which will be held in New Orleans at the end of the month.
Continue Reading Chip At @2 Will Be At 2:30 With Update on New Orleans Oceana COVID Trial Won By the Insurer