News & Analysis as of

Business Interruption

Robinson & Cole LLP

COVID-19 Business Interruption Cases Reach the End of the Road, with Mixed Results

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The Supreme Courts of Pennsylvania and North Carolina have issued two of what are presumably the last state supreme court decisions in COVID-19 business interruption insurance cases. While they reached split results (with the...more

Ankura

Staying in the Game: Ankura’s Travis Tanner on China Strategy

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As shifting geopolitical headwinds reshape the US-China business landscape in real time, companies face growing pressure to manage risk while staying competitive....more

J.S. Held

When the Smoke Clears: Business Interruption Claims from Wildfire Evacuations Without Physical Damage

J.S. Held on

Over the past three to four summers, the insurance industry has seen a significant increase in wildfire evacuation claims (also known as civil authority). The Insurance Bureau of Canada ranked the summer of 2024 as the...more

Morgan Lewis

The AI Data Center Boom: Key Insurance Coverage Considerations for Complex Risks

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The burgeoning AI industry has sparked a surge in data center projects across the United States, a trend likely to be further accelerated by measures recently announced by the US administration as part of its AI Action Plan....more

J.S. Held

Gross Profit Calculation Challenges in Business Interruption Insurance After UAE Floods and COVID-19

J.S. Held on

Often, forensic accountants face practical challenges when calculating business interruption (BI) losses. These issues have been highlighted by recent claims following COVID-19 and the 2024 storm in the UAE which caused...more

Clark Hill PLC

Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

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On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Haynes Boone

Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply

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With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251...more

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

Cozen O'Connor on

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

Ward and Smith, P.A.

Hurricane Preparedness: Essential Legal Topics for North Carolina Business Owners

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Hurricane season presents significant legal and operational challenges for North Carolina businesses. Whether it's a hurricane hammering your business, floodwaters threatening your property, hail damaging crops, or ice...more

Bracewell LLP

Q&A: Essential Questions to Ask When Preparing Your Commercial Property’s Hurricane Insurance Policy

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Commercial property hurricane insurance presents complex challenges that require careful consideration and strategic planning. Business owners must understand critical coverage elements, policy limitations and claim...more

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

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The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more

Pillsbury - Policyholder Pulse blog

Parametric Insurance: The Future-Proof Solution for Enterprise Risk

In today’s fast-paced and increasingly unpredictable global environment, large enterprises face mounting risks—natural catastrophes, climate-related disruptions, supply chain breakdowns and emerging digital threats....more

McGuireWoods LLP

The Increasing Importance of Political and Marine/War Risks Insurance to Manage Risks From Global Unrest and Disruptions to the...

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Today, large swaths of the globe stand at the brink of political violence and armed conflict with some areas in active warfare. Russia’s ongoing war in Ukraine, Israel’s armed conflicts against Hamas in Gaza and Hezbollah in...more

White and Williams LLP

Top Developments: 2025 - Issue 2

White and Williams LLP on

Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”...more

Proskauer Rose LLP

Market Turmoil: Proven Strategies for Managing Private Credit Portfolios Through Volatility

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As during the emergence of the COVID-19 pandemic in March 2020, private credit lenders today face the challenge of adapting to rapidly shifting circumstances driven by a volatile macroeconomic landscape. If past is at all...more

Kennedys

[Webinar] Business income claims & the LA wildfires - May 1st, 11:00 am - 12:00 pm EST

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Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

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Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Woodruff Sawyer

Cyber 101: Understand the Basics of Cyber Liability Insurance

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Cyber risk has grown demonstrably in frequency and severity in the past 10 years—and, in tandem, the cyber insurance policy has grown in breadth and complexity. This past year, a record number of organizations fell victim to...more

Farella Braun + Martel LLP

Texas Case Shows Why Juries Are Well-Suited To COVID Suits

A pending case in Texas illustrates why COVID-19 business interruption claims need to be decided by juries in light of case-specific facts, not by judges using a one-size-fits-all approach. Originally published in Law360 -...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

Zelle LLP on

The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

Levenfeld Pearlstein, LLC

Insurance-Related Trends, Risks, and Recommendations for Private Equity Transactions: A Conversation with Ryan Seager at...

In this second of a two-part conversation, Ryan discusses current trends and challenges, regulatory changes and shifts, and insurance-related best practices for private equity sponsors. In part one, Ryan talked about...more

Carlton Fields

Recent Denial of Business Interruption Coverage to Cannabis Manufacturer Highlights Importance of Diving Into the Weeds of...

Carlton Fields on

In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed...more

Hogan Lovells

The changing climate of parametric insurance

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Parametric insurance products can help to address the increasing protection gap arising in respect of climate-related physical risk. As AI and data-collecting technology develops, more business areas may stand to benefit from...more

Alston & Bird

Insurance Insights for the Cold, Dark Winter Nights

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

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It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

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