Publications

COVID-19 has impacted businesses large and small across the country. Some companies predict that their services or products will be in higher demand, and anticipate marked financial success in the coming months, while others brace for collapse. Either scenario creates a potential liability: the risk of misrepresentation or improper disclosure to investors about the company’s […]

Several businesses have commenced litigation in Florida against first-party commercial property insurers seeking coverage for business interruption losses resulting from state and local government orders enacted to mitigate the spread of COVID-19. Most recently, on April 1, 2020, Governor Ron DeSantis issued Executive Order 20-91 requiring all nonessential businesses to close for a period of […]

If you are an attorney, insurance broker, or other professional representing developers and contractors, then your clients have likely reached out with concerns about losses related to COVID-19. One common question is whether there is potential coverage under builders risk insurance policies. The short answer is: It depends. As with most questions pertaining to insurance […]

Louisiana, Pennsylvania and South Carolina are considering legislation that would mandate coverage under property policies for business interruption losses resulting from the COVID-19 pandemic. These states join the growing group of states that are considering enacting such legislation, which now includes New Jersey, Massachusetts, Ohio and New York. Louisiana House Bill No. 858 (the “LA […]

When submitting an insurance claim for losses due to COVID-19, the policyholder’s rightful expectation is that their insurer will handle their claim fairly and in good faith. However, a growing collection of lawsuits1 allege that certain insurers are not living up to this expectation and are denying coronavirus-related claims in bad faith. One such lawsuit, Barbara Lane […]

The draft legislation, entitled the Pandemic Risk Insurance Act of 2020 (“PRIA”), would establish a Federal Pandemic Risk Reinsurance Fund and Program (the “Program”), that is intended to provide a system of shared public and private compensation for business interruption (“BI”) losses resulting from a pandemic or outbreak of communicable disease. PRIA, in its current […]

In response to the large number of COVID-19-related losses that businesses are experiencing, insurers have begun issuing statements informing their insureds of whether their policies will respond to the losses, and if so, what coverage will be afforded. Insurers cannot take a “one-size-fits-all” approach to the COVID-19 losses because, besides factual differences, the losses are […]

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. Two companies that either attempted to downplay the effects or capitalize on the effects […]

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.1 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 […]

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.1 Chef Keller’s suit […]

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 […]

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. These actions, styledChickasaw Nation Dept. of Commerce v. Lexington Insurance Company, et. al.1 and Choctaw Nation of Oklahoma v. Lexington Insurance […]