California Assembly Bill 1552 – Near Miss or Cautionary Tale for Insurers?
11/11/20
By: Ryan Greenspan As fear of the novel coronavirus and COVID-19 continues to grip the world, an array of government rules, restrictions, and guidelines have been imposed. Some businesses have been operating at a limited capacity and some have closed outright. In March of this year, California’s governor issued one of the strictest orders in the…
No Entry Without a Mask: Coverage for Discrimination?
10/26/20
By: Mallory Ball More businesses are requiring masks or face coverings to protect their patrons and employees from COVID-19. Unfortunately, with the face-covering requirements, businesses are vulnerable to liability claims from patrons alleging they have been discriminated against by requiring them to wear a face covering. The allegations of discrimination may also include humiliation or mental injury…
FMG Attorneys Assist Prevailing Insurer in a COVID-19 Business Loss Claim
10/8/20
FMG attorneys Phil Savrin and Shawn Bingham secured a favorable outcome for Allied Insurance Company of America who was sued for rejecting a claim for lost business income after the insured shuttered its restaurant during the COVID-19 pandemic. The insured, a Cajun restaurant in the Atlanta area, decided to close its dining room after the governor issued an Executive Order…
8/28/20
By: David Slocum In the months since the COVID-19 pandemic began, thousands of claims and lawsuits have been initiated by businessowners seeking coverage for alleged property damage and business losses based on the impact to their businesses. From restaurant owners, to magazine publishers, to minor league baseball teams, a wide range of businesses argue business…
Insureds May Look For Alternative Means To Recoup Business Losses
8/13/20
By: Matthew Jones During a time of uncertainty and civil unrest, it is important to identify where insurance coverage may come from and provide relief. It seems that most businesses look to “business interruption” coverage, which may cover loss of income and rental value due to a direct physical loss or property damage caused by a…
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
Insurance Requirements and First Amendment Rights of Freedom of Speech and Assembly
7/6/20
By: Jessi Samford There is no doubt that the world as we know it has changed dramatically this year, and the protests and marches amidst the global pandemic have been in the forefront of recent news. While some protests have focused on broader awareness campaigns of injustice and inequality, others are geared toward current events…
The Pandemic Risk Insurance Act of 2020 is Introduced in Congress
6/29/20
By: Wayne Hammack Since March 2020 the House Financial Services Committee has considered the creation of a federal reinsurance program to provide a safeguard for businesses against future pandemic-related business interruption losses. An early memorandum calling for the creation of the Pandemic Risk Insurance Act (PRIA) has been revised and augmented, and on May 26, 2020…
6/18/20
By: Anastasia Osbrink According to forecasters with the Climate Prediction Center at the National Oceanic and Atmospheric Administration (“NOAA”), a division of the National Weather Service, the 2020 hurricane season has a 60% chance of being an “above-normal season.” (See https://www.noaa.gov/media-release/busy-atlantic-hurricane-season-predicted-for-2020.) This forecast is based on several factors. According to the NOAA, there are “warmer-than-average…
Comma Wars: NY Case Illustrates the Importance of Punctuation and Grammar in an Insurance Policy
6/16/20
By: Justin Boron In the insurance coverage world, hundreds of thousands of dollars—and sometimes even millions—often come down to a comma. On such case came before the Second Circuit on oral arguments last Thursday. In an IP coverage dispute with Hartford Fire Insurance Co.,[1] Spandex House has hung its claim for coverage on a pair of…
A Tale of Two Cities: COVID-19 Business Interruption Coverage in New York and Paris
6/5/20
By: Isis Miranda Two sides of the pond. Two different outcomes. In New York, Social Life Magazine, Inc. sought immediate relief from the court in a case against its insurer, Sentinel Insurance Company, Limited, for business interruption coverage losses it sustained due to the closure of its business as a result of Governor Andrew Cuomo’s…
Is Rioting a Covered Cause of Loss?
6/4/20
By: Shawn Bingham Over the past couple weeks, our screens have displayed images of anguish and anger in reaction to the tragedy in Minneapolis and the related spectrum of issues. Some of these images show extensive damage to business property, raising concerns whether the businesses can afford to continue operating. Various curfews and other government…