By Vivek Chopra and Selena Linde

Multiple insurance policies may ultimately be triggered as a result of the global COVID-19 pandemic. Companies should keep detailed records now to assist with any future insurance claims. The attached is a preliminary documentation checklist which will aid companies in maximizing their insurance once claims are filed.

COVID-19 Insurance

By Norton Cutler and Bradley Dlatt

The general intent of business interruption (BI) insurance is to cover unexpected losses to the business from the inability to use property necessary to run the business. The current form BI policies have a mechanism for making a claim for loss of revenue and/or increased costs to the business. They typically also have Civil Authority coverage to replace lost revenue when the government closes a business’s property, but carriers generally consider this a limited remedy for a short time period (such as a month). The real disagreement from carriers regarding coronavirus (COVID-19) claims is that there must be “property damage”, and even if there is property damage, the virus exclusion present in some policies prevents claims for losses from COVID-19. Moreover, carriers argue that if these coverage issues are defeated in court or removed by legislation, the carriers do not have sufficient reserves to cover the anticipated BI-related claims caused by COVID-19. For example, the American Property Casualty Insurance Association has recently claimed that being forced by legislative intervention to cover small business BI losses related to COVID-19 would cost insurers $383 billion a month.


Continue Reading Congress or the States Could Use the Existing Mechanism of BI Claims to Provide a Further Bailout to Businesses That Are Hurt by COVID-19

Jim Davis and Brad Dlatt along with special guest expert Ruth Kochenderfer of Marsh USA talk about the Covid-19 crisis, staying at home, the types of insurance impacted by the crisis, early lawsuits, tips for policyholders to preserve claims, the current trends in the insurance marketplace including renewals that just happened, and legislation in the

Recognizing the high volume of COVID-19 content being published, we developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more. We offer practical guidance, in checklist format,

In the wake of President Trump’s March 13, 2020, declaration that the COVID-19 outbreak is a national emergency, the federal Department of Health and Human Services invoked its authority under section 1135 of the Social Security Act to waive certain requirements that providers normally must meet to receive reimbursement for services to Medicare, Medicaid, and

Authored by Lester Brown

Insurance coverage for coronavirus (COVID-19)-based business losses is a hot issue right now. Many commercial liability policies provide Business Interruption coverage when said interruption is “caused by certain perils.” Often, however, policies exclude coverage for “virus” contamination-based claims. Other policies restrict coverage for virus-based claims unless they are caused by other “Specified Causes of Loss.” There is a continuing issue being addressed by policyholder attorneys and the Perkins Coie Insurance group as to whether contamination of property by COVID-19 constitutes direct “physical loss or damage” and whether orders to close facilities because of the outbreak are covered.
Continue Reading Potential Insurance Coverage for Coronavirus Based Business Interruption Claims

Authored by Eric Aaserud 

The U.S. Small Business Administration (SBA) is making available Economic Injury Disaster Relief Loans (EIDLs) of up to $2 million to qualifying small businesses experiencing substantial economic injury because of the Coronavirus (COVID-19). The loans are available to small businesses that, per the SBA’s determination, “are unable to obtain credit elsewhere.”

What you need to know now about your current coverage and how to protect your insurance coverage for future claims.

Join us Wednesday, March 25, 2020, as we address how recent actions may affect the possibility of insurance coverage for business income losses under property policies. Coronavirus loss estimates now exceed $4 trillion and continue

Underwriters of representation and warranty insurance policies are introducing broad exclusions from coverage for losses arising out of or relating to COVID-19.

Although avoiding these exclusions altogether is unlikely, the exclusion should be limited to avoid unintended loss of coverage under the policy.

In this update, we provide guidance on negotiating the scope of COVID-19