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 …
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 …
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 …
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 …
Hurricanes, Pandemics, and Shortages, Oh My: Considerations for Hurricane Season in the Time of Coronavirus
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 …
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 …
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 …
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, …
Texas Supreme Court Finds an Exception to the “Eight-Corners Rule”
6/4/20
By: Kristin Ingulsrud
In Texas, an insurer’s duty to defend is governed by the “eight-corners rule.” Application of the eight-corners rule takes the allegations of the claim at face value, without regard to the truth or falsity of the allegations, …
Insurers Brace For “Huge” Volume of Business Interruption Suits
5/4/20
By: Kevin Kenneally, Michael Giunta & Janet Barringer
“The amount of litigation that is going to be generated…is gonna be huge.” – Warren Buffett
At the annual meeting of Berkshire Hathaway in Omaha, Nebraska this past weekend, company chairman …
The Eight-Corners Rule is Deep in the Heart of Texas
4/28/20
By Kristin Inguslrud
Under the “eight-corners rule,” an insurer’s duty to defend is determined by comparing the allegations in the complaint with the terms and conditions of an insurance policy. Application of the eight-corners rule takes the allegations of the …
Insurer seeks declaration that COVID-19 claims for closure-related losses are not covered
4/27/20
By Barry Miller
Travelers Insurance Company wants a federal court to declare it has no duty to pay business income loss to a California law firm which claims that COVID-19 closures have caused it to lose revenue.
The
ABA Journal …