Insurance

The Judicial Clock Will Be Running Again in September

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.

Read full article

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

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?

Read full article

The Demand Letter: A Tool That Should Not Be Underestimated

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.

Read full article

Useful guidance for insured clients dealing with COVID-19 claims

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.

Read full article

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

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.

Read full article

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

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.

Read full article

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

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.

Read full article

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

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..

Read full article

Recovering Coronavirus Related Lost Profits through Insurance

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…

Read full article

Overview of changes in the international coronavirus pandemic. Сontinued

While the threat of COVID-19 spread is not on the decline, the Russian Government continues to update the measures taken or introduce new ones, trying to act ahead of the possible adverse consequences of COVID-19.

Further review of the most significant business support measures under the conditions of COVID-19, as well as actions taken to curb the spread of COVID-19, follows below.

Read full article