COVID-19 Business Interruption Claims at a Crossroads: Insurance Policy Limitations May Require Businesses to Sue Now or Risk Losing their Claims

We’ve written before about the perils of contractual limitations periods in insurance policies. See http://bizinsandouts.com/2019/04/04/policyholders-should-be-prepared-to-address-short-limitations-periods-under-property-business-interruption-policies-or-risk-of-losing-their-rights-to-coverage/ ; http://bizinsandouts.com/2019/06/13/policyholders-beware-courts-continue-to-enforce-short-limitations-periods-to-dismiss-property-insurance-lawsuits/ The problem is that, while state law may provide a statute of limitations period of five years or more, from when the insurer refuses to provide coverage, insurers often add provisions to their Read More

Rulings in Missouri Federal Court Hold COVID-19 Business Interruption Losses May Constitute “Physical Loss” Under Property Insurance Policies

Since the onset of the pandemic, we’ve written a series of posts on insurance coverage for COVID-19 related losses. In our April 23 post, we wrote that, despite articles expressing a dim view of the possibility of coverage for COVID-19 related business interruption losses, there were many reasons to consider Read More

Another Wave of COVID-19 Closings: Do Businesses Need to Submit Another Round of Claims to their Insurers?

In our last post, we said that there are many reasons why a business should consider submitting a claim to their insurer for COVID-19 related business interruption losses. See http://bizinsandouts.com/2020/04/23/advice-about-business-interruption-insurance-coverage-for-covid-19-related-losses/. At the time, many businesses had suffered losses due to a suspension of operations beginning in mid-March. Some businesses already Read More

Event Cancellation Insurance and the COVID-19 Pandemic

Over the last several days a multitude of conferences, shows, concerts, ceremonies, sporting events and other gatherings have been cancelled, curtailed, or postponed because of the COVID-19 pandemic. While business insurance coverage for many exposures and losses attributable to COVID-19 can be murky, Event Cancellation Insurance policies provide relevant types Read More

Insolvency, Nonrenewal, and Claims: Strategies for Post-Policy Period Coverage under Claims-Made Policies

Clients often call when a claims-made liability insurer does not intend to renew an expiring policy. Usually, the call is about directors and officers (D&O) liability insurance, but it might also be about fiduciary, employment practices, or professional liability insurance. An insurer may choose to non-renew for various reasons. The Read More