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The arrival of the novel Coronavirus - COVID-19 - has raised new insurance coverage questions, concerns and challenges. SDV is here to help, providing a resource page for our clients and business partners to find up-to-the-minute resources to help them navigate this rapidly changing landscape.



Advice for Providing Notice for D&O Policies Renewing During the COVID-19 Pandemic

As the COVID-19 pandemic affects companies' economic performance, we anticipate an uptick in Directors & Officers (D&O) Liability claims. Attempts by companies to downplay the effects of supply-chain disruptions or overall performance due to shutdowns are potential minefields for D&O claims

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Virus Exclusion? - Don't Abandon Hope for Coverage Just Yet

Companies across all industries have been deeply impacted by the social-distancing protocols and economic slowdown caused by the COVID-19 pandemic. Naturally, competent business owners have looked to their commercial business and property insurance programs to determine what coverage, if any, they may have to offset the financial losses being suffered. To their dismay, many such entities have discovered that their policies specifically exclude losses related to virus.

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Protection of Property/Sue & Labor Coverage May be Available for Coronavirus Costs

One aspect of many first-party property insurance policies that has been largely overlooked in association with the recent Coronavirus outbreak is protection of property coverage. Protection of property coverage, which can be found as a coverage extension or even as a condition in the policy, can take a variety of forms, but generally provides coverage for costs incurred to temporarily protect and preserve the insured property.

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French Laundry Spices Up COVID-19 Business Interruption Debate

On March 26, 2020, Michelin-rated Napa Valley restaurants, French Laundry and Bouchon Bistro, and their celebrity chef, Thomas Keller, filed the second known coronavirus-related declaratory judgment (DJ) lawsuit by a restaurant. The restaurants filed their DJ against Hartford Fire Insurance Company just seven days after Napa County issued a Shelter at Home Order.

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Two More Insureds Ante Up: Oklahoma Tribes Step Up to the Business Interruption Table

On Tuesday, March 24, 2020, the Chickasaw and Choctaw Nations (the "Nations"), located in Oklahoma, filed separate business interruption coverage lawsuits against their collective group of insurers who allegedly issued "all risk" policies to both Nations.

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New York Joins New Jersey, Massachusetts and Ohio in Discussing Legislation That Would Require Property Insurers To Pay COVID-19 Business Interruption Claims

If approved, New York Draft Assembly Bill A10226 (the "Bill") would require property insurers to cover business interruption losses resulting from the COVID-19 pandemic. The Bill would have immediate retroactive effect applying to property policies containing business interruption and loss of use and occupancy coverage, and in force on March 7, 2020, the date Governor Cuomo declared a State of Emergency.

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Massachusetts and Ohio Join the Effort to Insure COVID-19 Business Interruption Losses

On March 24, 2020, the Massachusetts and Ohio legislatures proposed bills that would provide insurance coverage to small businesses for business interruption losses sustained during the COVID-19 pandemic. These new developments come less than two weeks after New Jersey became the first state in the nation to introduce legislation on this issue.

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An Insurance Checklist for the Hospitality and Commercial Real Estate Industries in response to the COVID-19 Pandemic

No person or industry in the world will go unaffected by the COVID-19 pandemic. Two related industries that are being hit the hardest are the hospitality and the commercial real estate industries. The hospitality industry is comprised of four segments: food and beverage (F&B), travel and tourism, lodging, and recreation. These four segments often overlap with each other and most segments overlap, to some extent, with the commercial real estate industry.

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COVID-19 Business Interruption Challenges

COVID-19 Business Interruption Challenges

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Can Insurers Retroactively Modify Policies to Exclude Coronavirus?

Every day brings new challenges and concerns as the world grapples with the novel coronavirus. Businesses are already looking to their insurance portfolio as a way to lessen the anticipated impact on their bottom line. Policyholder and insurer side litigators alike seem to agree that we will likely see coronavirus-related coverage issues litigated for years, long after the pandemic has been contained.

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Coverage Implications for COVID-19 Project Shutdowns

Boston's recent decision to temporarily shut down city construction projects has many in the industry asking what impact, if any, a COVID-19 related shutdown would have on project insurance.

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Crisis Coverage in Response to Coronavirus: Give Notice IMMEDIATELY

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COVID-19 Business Interruption Lawsuits Begin: Iconic Oceana Grill in New Orleans Files Insurance Coverage Lawsuit

On Monday, the iconic New Orleans restaurant, Oceana Grill, filed the first Coronavirus-related business interruption insurance coverage lawsuit in a US jurisdiction. The declaratory judgment action styled Cajun Conti, LLC, et. al. d/b/a Oceana Grill v. Certain Underwriters at Lloyd's, London was filed in Louisiana state court for the Parish of Orleans.

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To our Clients, Colleagues and Friends

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New Jersey Discussing Legislation That Would Require Property Insurers To Pay Coronavirus Business Interruption Claims

New Jersey is discussing draft legislation that would require certain property insurers to provide coverage for business interruption losses resulting from the Coronavirus pandemic. If approved, N.J. Draft Bill A-3844 (the "Bill") would have immediate effect and apply retroactively to insurance policies in force on March 9, 2020 that insure against loss or damage to property and include loss of use and occupancy and business interruption coverage.

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Policyholders' Coverage Checklist in Times of Coronavirus

The unprecedented social and economic impact of the Coronavirus makes it necessary for policyholders to keep open all lines of communications with their insurance brokers, insurance carriers, financial advisors, safety & compliance experts, and insurance coverage counsel even if it is not certain whether they will need to file insurance claims.

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Coronavirus and Business Interruption Coverage for Policyholders

With a death toll of more than 2,700 and more than 80,000 infected, Policyholders' measures and governmental efforts to contain the spread of the Coronavirus has interrupted business and disrupted supply chains worldwide. Policyholders fearing the threat of the Coronavirus to their normal business operations should review if their first-party insurance would respond to the Coronavirus threat.

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SDV is based in Connecticut, conveniently located between New York City and Boston, with regional offices in Florida and California to better serve our clients. We're ready to answer your questions and eager to assist you in developing solutions.