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Business Interruption Policy Exclusions Property Damage

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

White and Williams LLP

Top Developments: 2025 - Issue 2

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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

Carlton Fields

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

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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

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

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As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 20 - December 2024

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Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...more

McGuireWoods LLP

Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse

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On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

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At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Lowenstein Sandler LLP

Out With a Bang: Current State of Play on Coverage for COVID-Related Losses

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For our last episode of 2021, Lynda, joined by Insurance Recovery Group attorneys Eric Jesse and Joseph Saka, close out the year with a BANG! …a year in review of the COVID-related coverage rollercoaster policyholders have...more

McGlinchey Stafford

What damages are recoverable for a loan servicer’s failure to completely respond to a Qualified Written Request? - The Bullet...

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Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more

Rivkin Radler LLP

Insurance Update - November 2021

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We bring you our November Insurance Update. Here’s what happened over the past month. Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

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In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Faegre Drinker Biddle & Reath LLP

Business Interruption Claims Continue to Erupt Across the Legal Scene

As the second quarter of 2021 continues, one thing is clear: COVID-19 business interruption claims are here to stay for the foreseeable future. Some legislators have proposed bills that would force insurers to cover certain...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

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For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more

Faegre Drinker Biddle & Reath LLP

COVID-Related Insurance Claims Remain a Focal Point as the New Year Begins

At the start of 2021, one thing is clear: COVID-19 will continue to play a major part in insurance coverage litigation trends in the new year. Until now, the main focus has been on claims for lost business income due to...more

Epstein Becker & Green

Missouri Court Denies Business Interruption Claim and Questions Prior Decisions

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Following up on our prior discussion of Studio 417, Inc., et al. v. The Cincinnati Ins. Comp., a different federal judge in the Western District of Missouri recently ruled in Zwillo V, Corp. v. Lexington Insurance Co. that a...more

Goodwin

COVID-19 Business Interruption Suits: An Overview Of Decisions To Date

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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

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The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been...more

Melito & Adolfsen

The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.

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For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more

Ervin Cohen & Jessup LLP

Ruling May Shed Light On Physical Losses and COVID-19

In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more

White and Williams LLP

No Global MDL For COVID Business Interruption Claims, But Panel Will Consider Separate Consolidated Proceedings For Lloyds,...

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In a widely anticipated ruling, the Judicial Panel on Multidistrict Litigation has denied two motions to centralize pretrial proceedings in hundreds of federal cases seeking coverage for business interruption losses caused...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Ervin Cohen & Jessup LLP

Business Interruption Insurance Coverage: A Guide for Restaurants

Restaurants whose operations have been shut down due to the coronavirus crisis are looking to their business interruption or business income insurance policies for relief, and have found resistance from insurance companies...more

Neal, Gerber & Eisenberg LLP

Illinois Tells Insurers to “Err on the Side of the Policyholder” When Evaluating Insurance Claims Related to Vandalism, Riots and...

On June 5, 2020, we issued a Client Alert regarding insurance coverage for property damage and business income losses that businesses may have suffered due to recent incidents in cities across the country. On June 8, 2020,...more

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