The Institutes

COVID BI Coverage Is Coming Down To Policy Language; Courts Are Scrutinizing Every Word

 Monday, February 15, 2021

 Risk & Insurance

Can the COVID-19 virus cause ‘direct physical loss’ to an insured business thus triggering coverage under a commercial business interruption policy of insurance?

That is the question percolating through state and federal courts across the country, with no clear answer.

Initial court cases overwhelmingly answered in the negative, resulting in an insurance industry narrative that COVID-19 business interruption losses cannot be recovered under the terms of most commercial property insurance policies.

But recently, policyholders have experienced wins in courtrooms across the country, proving pandemic related claims are not one-size fits all.

Commercial business interruption policies often contain business income coverage, which is intended to help a business recover expenses and replace lost income when a covered loss forces the business to shut down. Business income coverage generally requires that a business suspension be caused by a ‘direct physical loss’ caused by or resulting from a covered loss.

Ambiguous Policy Language Keeps COVID-19 BI Lawsuit In Court

 Thursday, December 3, 2020


The Case For Paying COVID BII Claims

 Wednesday, July 1, 2020

 Insurance Thought Leadership

Insurers Face Delicate COVID-19 Coverage Decisions

 Wednesday, April 29, 2020

 Matthiesen, Wickert & Lehrer, S.C.

Finding Coverage Where Once Was None: COVID-19 Cases

 Monday, April 20, 2020

 CLM Magazine

A Contract No One Reads: The Insurance Policy

 Thursday, January 30, 2020


Beware Of "Absolute" Insurance Policy Wording

 Wednesday, June 12, 2019