The litigation over lost income to businesses caused by Covid-19 has been raging for three years. A recent law review article1 provides a good summary of this litigation and arguments for coverage from the policyholder view.
Continue Reading Where Did the Term “Physical” Come From In Business Income Form Policies?
The previously secret Insurance Services Office (ISO) documents I mentioned in yesterday’s afternoon post, ISO Internal Documents Are Important Regarding COVID Litigation, show a few of the internal actions and analysis of coverage and what to do about a coronavirus pandemic event leading up to the Virus Exclusion Endorsement. These were never provided to the public when the pandemic struck last year, and people were asking about lost business income insurance coverage. Instead, the ISO, its executives, policy experts, and member insurance companies—including their attorneys making arguments preventing this disclosure—have had access to these previously secret documents. Importantly, they were not provided so that judges deciding these cases could consider them and determine if they were relevant and significant to their decisions.
Continue Reading How the Secret Internal ISO Documents Can Be Used to Demonstrate Coverage for Business Interruption Cases
The ISO Virus endorsement and circular is known to all. Those are public information. What about the internal ISO documents? Do they explain why the ISO wrote a virus exclusion? Do they help shed light on the true intention of the commercial policies before such an endorsement?
Continue Reading ISO Internal Documents Are Important Regarding COVID Litigation
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?
Some of you may have heard the age-old adage, knowledge is power. This phrase is especially relevant when it comes to your homeowners policy because knowing what is and is not covered under your policy can save you a lot of strife in the event of a loss. In order to know and understand your policy, you first have to read it. As Bill Wilson emphasizes in his book, When Words Collide: Resolving Insurance Coverage and Claims Disputes, you need to Read The Full Policy!
Continue Reading Comparing Various Types of Homeowners Insurance Forms
Insurance coverage actions often turn on the interpretation of standard, industry-wide language used in liability policies. Insurance Companies use the services of the Insurance Services Office, Inc. (ISO), to draft standard language for their policies and are also often participants in the drafting of these forms. As a result, policyholders will often seek documents and information relating to the insurance companies’ interpretation of the meaning of the policies, including the drafting history information.
Continue Reading Internal Records From The Insurance Services Office Can Be Obtained In Insurance Policy Interpretation Disputes
This morning’s post, Coronavirus Insurance Coverage Update—United Policyholders Says Do Not Give Up While Georgia Insurance Commissioner Suggests Do Not Waste Your Time, suggests that the proper procedure for determining coverage is to first read the insurance policy. Many of the policies sent to me so far have an ISO exclusion regarding loss due to virus or bacteria.
Continue Reading Coronavirus Insurance Coverage Update—The ISO Circular Regarding the Virus Exclusion
There are changes occurring to the standard commercial general liability policy that all business owners should know of to make informed decisions when purchasing their insurance policy. The Insurance Services Office, Inc. (ISO) now requires, as of May 1, 2014, a new endorsement that excludes data breach liability. This endorsement , entitled “Exclusion-Access or Disclosure of Confidential or Personal Information and Data-related liability-with limited bodily injury exception,” means that the current standard commercial general liability policy will not cover damages to a company from breach of data that leads to confidential or personal information leaks.
Continue Reading Commercial General Liability Policies – Now Cyber Liability Stands Alone
Seems like yesterday when my son, Chase, was swinging on jungle gyms. It is hard to imagine that this day is finally here when he is off to college. With all the little odds and ends to take care of, I wondered whether all his electronic gadgets are covered under my homeowner’s policy. After doing some reading, I am calling my agent and reading my policy when I get home from Philadelphia.
As usual, I like to check the FC&S Bulletins for some general information with these practical questions. While I have suggested that all policyholder attorneys and public adjusters subscribe to this publication, insurance agents and brokers can get some great ideas as well because the coverage topics are very “main street” rather than some of the exotic situations my clients bring to our firm.
Continue Reading Is Your College Kid’s Stuff Covered Under a Homeowner’s Policy?
A financially strong and profitable insurance industry is in everyone’s best interest. When insurance is profitable, companies sell more of their products, usually at more affordable rates. Consumers and insurers win. A tongue in cheek example of this is found in my line of work. Our firm wants insurance companies to sell as much of their product as they can. Affordable insurance with broad coverages sold to everyone gives insurance claims departments more opportunity to do what is in their short term economic interest—delay and deny payment of claims.
Continue Reading Property Insurers Financially Challenged In 2008