on April 8, 2020
The COVID-19 pandemic has resulted in government officials in several states issuing orders that shut down businesses such as restaurants, bars, and casinos. Faced with closed operations and uncertain cash flow, these businesses have looked to their insurers to cover their losses. Policyholders have filed cases in Ohio, Illinois, Louisiana, California, Oklahoma, and Florida seeking recoupment of their business interruption losses. These courts will necessarily resolve key issues in the debate over whether the presence of COVID-19 on property constitutes property damage or direct physical loss....
Read More >>
on March 23, 2020
On March 18, 2020, the Sixth Circuit handed down a pro-policyholder decision in a dispute over the calculation of a loss occurring under a homeowners' insurance policy. In a split decision, the Court held that an insurer may not include the cost of labor in calculating depreciation when determining the cost of repairs to the insured property....
Read More >>
on March 18, 2020
As new governmental orders are issued restricting access to your business, however, the door to other coverage grants, including Civil Authority coverage, may be opened....
Read More >>
on March 12, 2020
When a company is served with a subpoena the focus is not insurance coverage. Government investigations are expensive, and coverage may be necessary to fight the inquiry, especially in prolonged investigations....
Read More >>
on February 20, 2020
In a global economy, companies are increasingly dependent upon their foreign facilities and foreign suppliers to provide products, parts or raw materials. When a pandemic disease occurs that shuts-down facilities, there can be a financial ripple effect causing disruptions in supply chains. While the insurance industry learned from past epidemics like SARS and Ebola, and added specific exclusions to preclude coverage, a policyholder would be wise to review its policies to see if there is an ability to recover any losses....
Read More >>
This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.