Opening day might be delayed, but first pitches have already been thrown in courtrooms across the U.S. by insureds seeking business interruption cover for Covid-19 related losses. The judges calling balls and strikes in such cases may see some tough pitches, but the general dispute appears clear enough – can the insured prove the damage claimed is the result of a “direct physical loss” to property?
Mitchell Popham
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First Business Interruption Coverage Case Filed In Louisiana
By Ernesto Palomo, Mitchell Popham & Matthew Kalas on
On Monday, March 17, 2020, the Oceana Grill, a popular restaurant in the heart of the French Quarter in New Orleans, filed the first known business interruption lawsuit arising out of the COVID-19 pandemic. Oceana Grill alleges that it purchased an “all risk policy” from defendant Certain Underwriters at Lloyd’s London (“Underwriters”) which covers all direct physical losses to its property “unless the loss is specifically excluded or limited in the policy.” According to Oceana Grill, the coronavirus is “physically impacting public and private property, and physical spaces in cities around the world.” …
Insurers and Reinsurers can Expect COVID-19 Claims as Varied as the Virus Vectors
Posted in COVID-19
As the U.S. and the rest of the world grapple with the appropriate means and steps to mitigate the spread of the COVID-19 version of Coronavirus, insurers and reinsurers can expect their insureds to submit all manner of claims if they are not already inundated with them. Third-party claims against insureds are also likely, with requests for defense and indemnity soon to follow.…