Michelle Claverol

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Many property insurance policies cover "Volcanic Action." In Volcano Fiasco – Understanding Business Interruption Claims, Part 17 and Possible Coverage to Obtain Recovery from Volcanic Activity – Understanding Business Interruption Claims, Part 18, Michelle Claverol wrote regarding the possibility of collecting for business loss caused by volcanic ash. My friend, Mark Nation, wrote about travel coverage in Travel Insurance Claims Expected As a Result of Volcano Eruption.…

Continue Reading Volcanic Activity May Be Covered Under a Property Policy–But What Does That Include and How Does it Work?

Yesterday, I wrote about how swiftly the insurance industry has decided to shut down the possibility of recovery on business interruption claims resulting from the recent volcano eruption in Iceland….
Continue Reading Possible Coverage to Obtain Recovery from Volcanic Activity – Understanding Business Interruption Claims, Part 18

(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the part of a series she is writing on business interruption claims). 

New York-based drugstore chain, Duane Reade, must feel like it is Ground Hog Day every time their attorneys call to give status on their case against St. Paul Fire and Marine Insurance Company. Duane Reade, recently acquired by Walgreens, owns and operates 200 drugstores in and around New York City, including 124 in Manhattan. Duane Reade has been battling its carrier for almost 8 years in a protracted insurance coverage dispute arising from the September 11, 2001, destruction of its single most profitable store, formerly located on the main concourse of the World Trade Center. After a bench trial, four Federal District Court opinions, an appraisal and two appeals, the business interruption saga finally came to an end.…

Continue Reading The Duane Reade Saga — Understanding Business Interruption Claims, Part 16

(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the part of a series she is writing on business interruption claims). 

“Experience is the name everyone gives to their mistakes” – Oscar Wilde

I picked up a couple of pointers worth sharing in an article published by the University Risk Management and Insurance Association titled, "Case Study-Business Interruption: An Exposure by Many Names," by William Austin, et al., (2005). The article examined a case study similar to what some academic institutions near the Gulf Coast experienced in the aftermath of Hurricane Katrina. The business interruption case study, however, was analyzed in a scenario where a catastrophic fire damaged a state of the art research facility at a higher education institution that thrived on revenue from its prestigious research and development programs.…

Continue Reading Learning from Other’s Mistakes — Understanding Business Interruption Claims, Part 15

(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the part of a series she is writing on business interruption claims).  

Several weeks ago, in a blog titled To Consider the Economy, or Not to? ‘That is the Question’, I examined two diverging legal views regarding the use of post-loss market conduct in business interruption claims. In that blog, I borrowed information from an article published in the July/August 2009 issue of Coverage titled “Measuring Business Interruption Loss in Wide-Impact Catastrophes: Insurance Against Catastrophes or Only Against Insured Damage from Catastrophes?” by Richard Chattman and Gregory Miller and I explained that:…

Continue Reading Post-Loss Market Earnings Ignored in Mississippi – Understanding Business Interruption Claims, Part 14

In general, business interruption insurance is intended to return to the insured’s business the amount of profit it would have earned, had there been no interruption of the business or suspension of its operations….
Continue Reading Consequential Loss Exclusions – Understanding Business Interruption Claims, Part 13

In this business, everyone has their own style of “working a claim.” There are, however, healthy techniques of claim presentation that practitioners should follow to effectively present a business interruption claim….
Continue Reading Strategies for Claim Resolution — Understanding Business Interruption Coverage, Part 12

In these tough economic times, many businesses are looking to cut expenses and trim their budgets. While it is tempting to reduce insurance coverage to minimize operating costs, business owners should not skimp on insurance protection to trim budgets….
Continue Reading In Tough Economic Times, Extra Expense Coverage Should Survive Budget Cuts – Understanding Business Interruption Claims, Part 11

(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the part of a series she is writing on business interruption claims).

Last weekend, I took a little break from blogging to spend time with my parents and siblings to reconnect and reinforce bonds that sometimes get loosened in the life of a dedicated young attorney, who perhaps wants to accomplish too much, too soon in life. While I learned that family bonds are unbreakable and that I can accomplish anything I want in life, Chip, who I am convinced has a clone, blogged about an interesting topic in business interruption claims that generated some debate.…

Continue Reading Can a Carrier’s Delay Toll the Period of Restoration? — Understanding Business Interruption Claims, Part 10