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As witnessed by the devastating impacts of hurricanes like Helene and Milton, natural disasters can do more than just damage physical premises - they can also wreak havoc on supply [...]

More than 20 storms-11 of which will become hurricanes, and 5 of which will become Category 3 or greater hurricanes. That's one prediction for the Atlantic hurricane season. Not to [...]

In an environment with persistent supply chain disruptions, price escalations, cyber-attacks, and natural disasters, businesses are facing risks that are more difficult to avoid. Financial losses resulting from a business [...]

Synopsis Business interruptions can happen to anyone - and many business owners are unsure of how to navigate the insurance claim process to gain appropriate compensation. MNP recently helped a [...]

, Puerto Rico and the Caribbean may be welcoming an unexpected guest-the Great Atlantic Sargassum Seaweed Belt. Businesses are bracing for this ten-million-ton mass of brown seaweed, which is floating [...]

The FSPO Decision The FSPO dismissed a complaint made by an insured against their insurance provider (Decision). The insurance provider (Appellant) declined cover in respect of business disruption at the [...]

Late last week, the California Court of Appeal issued another COVID-19 business interruption decision reminding us that creative arguments do not win the day for policyholders in California. The true [...]

In Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors [2023] EWCA Civ 61 the Court of Appeal considered the jurisdiction of the English [...]

Introduction In Sir Corp v. Aviva,1 an Ontario judge dismissed an application by a restaurateur for a declaration of coverage for business interruption losses. The losses resulted from orders made [...]

Courts Dismiss COVID-19 Business Interruption Claims On November 30, 2022, the Superior Court of Pennsylvania reversed the trial court's grant of summary judgment for a tavern and directed judgment on [...]

On 17 October, the UK High Court handed down judgments in preliminary issues trials of three Covid-19 related business interruption claims: Stonegate Pub Company Ltd v MS Amlin Corporate Member [...]

We identify the four key issues arising from the judgments for the cases pursued by Stonegate, Greggs and Various Eateries. The Commercial Court has this week handed down judgments in [...]

Companies directly impacted by Hurricane Ian can look to their commercial property insurance policies to cover their property damage, lost income, continuing expenses like rent and wages, and extra expenses [...]

US and global regulators are once again focused on having market participants design and implement business continuity and disaster recovery (BCDR) plans, as well as corresponding policies and procedures. This [...]

On 29 July 2022, the Commercial Court handed down its decision in Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & ors1, in which Mrs [...]

The Allianz Risk Barometer 2022 reported that natural catastrophes are now the third-highest global business risk, while climate change has moved into the sixth position. These rankings represent 25% and [...]

On June 20, 2022, the Appellate Division of the New Jersey Superior Court issued a precedential decision holding that COVID-19 business losses stemming from governmental closure orders are not covered [...]

Butler Weihmuller Katz Craig LLP attorneys Clark Schirle and Jon Barger obtained a victory for their client in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 [...]

Introduction In 202135 Ontario Inc. v. Northbridge General Insurance Corporation,1 the Ontario Court of Appeal (ONCA) ruled for the insured on an issue raised by its claim for business interruption [...]

self Eric Jesse, partner in Lowenstein Sandler's Insurance Recovery Group, discusses what cyber insurance policy holders should expect in their upcoming renewals in light of the war in Ukraine and [...]

Nearly 2 years after the launch of more than 30 proposed class actions arising from the COVID-19 pandemic upended the Canadian class action landscape, pandemic-related class actions risk, and ongoing [...]

A cross-office Bradley team recently scored a bad faith victory for Sinclair Oil on March 18, 2022. The case involved a hotly contested business interruption loss and the delayed and [...]

Insurance companies insure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred [...]

It is fast becoming a normality to wake up to the reports of fire break outs in South Africa. Since the July 2021 civil unrest, there has been further major [...]

This practice note examines event cancellation coverage in general to identify the issues that will be at the forefront of legal disputes in the coming years. Further, it also examines [...]

In two companion actions,1 the Quebec Court of Appeal recently validated the Honourable Justice Davis' findings that business interruption losses arising from the COVID-19 pandemic are not covered losses in [...]

self For our last episode of 2021, Lynda, joined by Insurance Recovery Group attorneys Eric Jesse and Joseph Saka, close out the year with a BANG! ...a year in review [...]

The federal court of appeals in Chicago affirmed the dismissal of COVID-19 business interruption insurance lawsuits filed by a variety of Illinois businesses seeking coverage for lost income. Sandy Point [...]

The Québec Superior Court has refused to certify a class action proceeding seeking the recovery of business interruption losses related to the COVID-19 pandemic. This decision, in Centre de santé [...]

Policyholders utilize a variety of wordings to describe their insurance coverage claims arising during the SARS-CoV-2 ('COVID-19') pandemic. Under the insuring clauses of common commercial property policies, one of the [...]

One of the major issues that has arisen for businesses as a result of the COVID-19 pandemic is whether they are covered for business interruption by their business insurance polices. [...]

Government advice and new mandatory legislation passed to combat the spread of COVID-19 (the 'Virus') has caused significant and ongoing disruption to many businesses. Those with Business Interruption ('BI') insurance [...]

Introduction Back in January, we wrote about an important test case that considered whether insurers could deny liability for small business insurance claims amid the pandemic. Insurers argued that exclusion [...]

We have all seen the following headlines over the last several months: 'Insurers to fight Court's decision on Business Interruption Insurance', 'Law firms prepare class actions', and 'Insurance sector could [...]

self The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Stephen Darby Ward & [...]

In a recent judgment, the High Court has ruled that a hotel is not covered for losses from the Covid-19 pandemic under their business interruption insurance policy with AXA. McDonald [...]

Since the designation of COVID-19 as a notifiable disease in England on 5 March, and the subsequent ratcheting of measures to slow the spread of the disease, business owners large [...]

Who is Winning the Covid-19 Insurance Coverage Fight? It depends on where the lawsuits are being decided. In state court, policyholders are winning roughly one half to three quarters of [...]

A team of lawyers from Goodman Derrick LLP have provided a webinar on recent legal developments of interest to commercial directors and senior managers of member companies of CECA (Southern). [...]

When the Supreme Court handed down its judgment in January on the test case brought by the Financial Conduct Authority (FCA) about business interruption insurance policies, many business owners breathed [...]

COVID-19 Insurers Prevail in 'All Risk' Policy Disputes Against COVID-19 Business Interruption Claims Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For [...]

The first round, and certainly not the last, of an Indiana COVID-19 business interruption insurance claim went to an insurance company. In Indiana Repertory Theatre, Inc. v. Cincinnati Casualty Co., [...]

Introduction The landmark High Court judgment delivered by Judge McDonald on Friday, 5 February 2021 in Hyper Trust Limited t/a The Leopardstown Inn & Others v. FBD Insurance plc provided [...]

The United Kingdom Supreme Court (UKSC) handed down its judgment on 15 January 2021 in The Financial Conduct Authority v. Arch Insurance (UK) Limited and Others. This test case was [...]

The business interruption test case in the NSW Court of Appeal (NSWCA) has resulted in a decision favouring policyholders, rather than insurers. This test case has awakened insurers to the [...]

The rise of the day brought with it a new lease of life for many small businesses and promises a new prospect of hope for many in a great time [...]

An Ohio federal court ruled that a restaurant group was entitled to 'Business Income' insurance coverage, allowing it to recover its lost net income and certain continuing expenses resulting from [...]

On 15 January 2021, the Supreme Court handed down its judgment in the COVID-19 insurance test case for business interruption losses - The Financial Conduct Authority (the 'FCA') v Arch [...]

The much anticipated decision of the UK Supreme Court in a test case addressing insurance coverage issues arising in connection COVID-19 business interruption ('BI') claims was handed down on January [...]

Throughout 2020, the COVID-19 pandemic has laid waste to human lives, economies, businesses and livelihoods across the globe. Whilst we have since adapted to the new norm, the consensus is [...]