Isn’t it great when people work collaboratively on a noble cause and grand success happens? 

Merlin Law Group attorneys Drew Houghton from Oklahoma and Dan Ballard from Redbank, New Jersey, worked with policyholder attorney Jason Liss from Michigan to obtain a significant ruling yesterday in the Southern District of New York.1

Continue Reading Blockbuster New York Appraisal Decision Impacts Causation and Period of Restoration Determinations

Additional living expense (ALE) coverage is extraordinarily valuable to victims of Hurricane Ian. These benefits are often overlooked because insurance policies do not provide examples of common living expenses. United Policyholders provides such a list:
Continue Reading Additional Living Expense Coverage and the Period of Restoration Following Hurricane Ian

Are you really a business interruption expert? Can you recite the Six P’s and Six E’s of Business Interruption Claims? This afternoon at 2 PM EST, I will be quickly addressing these concepts, with an emphasis on one P—The Period.
Continue Reading The Six P’s and Six E’s of Business Interruption Insurance Coverage—Join Tuesday at 2 With Chip Merlin To Discuss the Traditional and Often Overlooked Method For Consideration of Business Income Coverage Claims

Business interruption issues, questions, and debates seem to be the current rage regarding property insurance coverage. There are some excellent discussions and analysis from a number of lawyers who have been involved with this field for quite some time. From reading a number of recent lawsuits, a lot of lawyers involved with some of these lawsuits have no idea what they are doing. I bet a number of company, independent, and public adjusters agree with me.
Continue Reading Business Interruption Insurance Basics and the Period to Be Measured— A Discussion of Business Interruption During Tuesdays At 2 With Chip Merlin

On March 31, 2020, six Northern California Bay Area counties significantly limited construction activity. These orders will result in thousands of construction projects shutting down until at least May 3, 2020. What impact does this have on existing property insurance claims? The answer: a lot, and they will probably result in significant legal disputes.
Continue Reading California Bay Area Shuts Down Construction – How Does This Affect an Ongoing Business Claim?

Business Interruption coverage protects the potential earnings of the insured business while its operations are suspended as a result of damage caused by a covered peril. The period of restoration has a direct effect on the actual loss suffered. A typical definition in most ISO forms of the “period of restoration” is:
Continue Reading Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

The effort to mitigate the damage, gather supporting documents, and present an insurance claim, can for many policyholders prove to be the toughest part of the recovery process. After suffering a loss or business interruption, the main priority of most business owners is restoring their businesses or premises as soon as possible – not preparing an insurance claim. While their goal is to achieve the utmost recovery in the shortest period of time, the loss adjustment process can be long and grueling.
Continue Reading Period of Restoration – Should the time to adjust the claim be considered? Part II

Business interruption coverage is very valuable to many policyholders in the wake of Hurricane Michael. Florida business owners may seek coverage under their commercial insurance policies for business interruption, which indemnifies them for lost earnings and expenses if their businesses are partially or totally interrupted as a result of Hurricane Michael. Business interruption coverage is intended to protect the potential earnings of the insured business. Its purpose is “to do for the insured…just what the business itself would have done if no interruption had occurred—no more.”1
Continue Reading Period of Restoration – Valuing Business Interruption Claims, Part I

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 of its operations during the “period of restoration.”2
Continue Reading Business Interruption Claims – Calculating The Period of Restoration