Insurance

February 19, 2021

Upcoming Insurance Coverage Dispute Deadlines for COVID-19 Claims

By Davis+Gilbert LLP

As companies continue to grapple with the COVID-19 pandemic’s impact on their businesses and the consequential loss of income suffered as a result of interruptions and/or shutdowns to their operations, policyholders should be aware of a number of key factors that could affect its ability to bring suit against its insurer.

Suit Limitation Clauses

An important stipulation within first-party policies (property, business interruption, event cancellation, etc.) to be cognizant of are suit limitation clauses. First-party insurance policies typically contain a clause entitled “legal action against us” or “suit against us” that outlines time restrictions imposed by the policy in permitting suits to be brought to contest a coverage position. Such provisions can vary by policy, but may be as restrictive as limiting suits to be brought within one year of the inception of a loss. Read more…

Posted in Coronavirus/COVID-19 | Insurance | North America
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July 15, 2020

The Judicial Clock Will Be Running Again in September

By FSP of Robinson Sheppard Shapiro

By Mariella De Stefano, from our Insurance Law Practice Group

July 15, 2020 — Over the last month, activities in various sectors are gradually resuming and the re-openings are occurring in phases — as has been the case for our courts.

You may recall that last March, ministerial orders were issued to order the suspension of numerous delays and limitation periods until the Government of Quebec announces the end of the current state of emergency, which continues to be extended. On May 28, we informed you that the Courts would gradually resume their activities as of June 1st. We highlighted that the delays which were suspended temporarily, including prescription periods and procedural delays, would eventually be lifted.

Posted in Coronavirus/COVID-19 | Insurance | North America
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May 28, 2020

Courts to Resume Activities as the COVID-19 Crisis Cools Off (Slightly…)

By FSP of Robinson Sheppard Shapiro

By Mariella De Stefano, from our Insurance Law Practice Group

May 28, 2020 — The threat of the coronavirus is far from over. Yet, some activities slowly resume. The Courts, which were almost paralyzed for over two months, are gradually adjusting to the new reality. What will the impact be?

Posted in Coronavirus/COVID-19 | Insurance | North America
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May 1, 2020

The Demand Letter: A Tool That Should Not Be Underestimated

By FSP of Robinson Sheppard Shapiro

By Stéphanie Beauchamp, from our Insurance Law Practice Group

May 1, 2020 — Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose of the demand letter? What should it contain? Is it always mandatory? Here are a few reminders.

Posted in Coronavirus/COVID-19 | Insurance | North America
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April 30, 2020

Useful guidance for insured clients dealing with COVID-19 claims

By Fladgate LLP

There has been a great deal in the press recently about insurers rejecting coronavirus claims and disappointed policy-holders. Some of those speaking publicly on behalf of the insurance industry have not done much to dispel the confusion and get to the nub of the issue. The issue is not one of what the insurer “intended” to cover. It is a matter of what the policy says. We have had numerous enquiries from clients with questions about insurance policies and potential claims.

Posted in Coronavirus/COVID-19 | Insurance | UK
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April 14, 2020

Update: Business Interruption Insurance in the Time of COVID-19

By Janene Marasciullo of Epstein Becker & Green

On March 23, 2020, shortly after the Governors of California, New York, Connecticut and New Jersey issued orders closing non-essential businesses, we recommended that businesses review their insurance policies to determine if they had either business interruption coverage or civil authority coverage that might be available to lessen the economic blow of COVID-19.  As explained here, business interruption coverage generally allows a business to recover certain losses in the event that the business suffers physical damage or loss that prevents it from operating its business, whereas civil authority coverage, generally allows a business to recover losses when it a civil authority issues an order that closes a business or prevents it from normal operations.  We also recommended that businesses submit any claims expeditiously because virtually all policies require policy holders to submit claims “promptly,” and the failure to do so provides a basis to deny a claim.

Posted in Coronavirus/COVID-19 | Corporate Law | Insurance | North America
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April 14, 2020

RELAXATIONS GRANTED BY SEBI AND IRDA ON ACCOUNT OF COVID-19 PANDEMIC

By LexCounsel Law Offices

Compliances have taken a backseat during the ongoing lockdown due to Covid-19 pandemic. Regulatory authorities have granted several relaxations to assist businesses to cope with the unprecedented lockdown and economic distress. We discuss herein below a few relaxations granted by the Securities and Exchange Board of India and the Insurance Regulatory and Development Authority of India to ease the compliance distress of the companies.

Posted in Asia Pacific | Banking & Finance | Coronavirus/COVID-19 | Insurance
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April 9, 2020

Impact of COVID-19: Sports, Entertainment (and Insurance?!?)

By FSP of Robinson Sheppard Shapiro

By Marc-Olivier Brouillette, from our Insurance Law Practice Group

April 9, 2020 — For the first time since World War II, Wimbledon, one of Great Britain’s most storied summer sporting events, has been cancelled. The announcement from the All England Club came on April 1, 2020 amidst concerns for public health and safety stemming from the ongoing COVID-19 pandemic.

Posted in Coronavirus/COVID-19 | Insurance | North America
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April 9, 2020

Fladgate’s Top Ten quick fixes – helping you and your business in these volatile times

By Fladgate LLP

With the fast moving issues we are all facing along with the added challenge of many of us
working remotely, we have identified a few quick fixes designed to help you and your business get through the day that little bit easier. Our top ten fixes include everything from how and when to use electronic signatures through to how to navigate some of the priority employment issues. Read more..

Posted in Coronavirus/COVID-19 | Corporate Law | Insurance | Labor & Employment | Real Estate | UK
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March 24, 2020

Recovering Coronavirus Related Lost Profits through Insurance

By Ogden Murphy Wallace, P.L.L.C.

Business interruption insurance (also known as business disruption insurance) is part of many property damage policies and intended to compensate for lost revenue and related lost profits when a business has to unexpectedly halt or reduce operations.  To the extent suppliers or customers are affected, contingent business interruption or leader property insurance may apply (leader property insurance provides coverage when a business is negatively impacted by the closure of an unowned property that would otherwise generate customer traffic to the insured).  Many policies also include coverage for interruption to property access by civil or military authority.  In the current environment, many businesses have been mandated by government authorities (i.e. civil authority) to close or significantly curtail operations in hopes of minimizing the spread of the coronavirus (COVID-19). Read more…

Posted in Coronavirus/COVID-19 | Insurance | North America
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