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?

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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.

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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.

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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.

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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.

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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.

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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..

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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…

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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.

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Businesses May Have Insurance that Could Lessen the Economic Impact of COVID-19

The COVID-19 pandemic has leveled a blow against businesses everywhere.  The Governors of New York, California, Illinois, and Pennsylvania, for example, have ordered all non-essential businesses to close their physical locations and the California Governor has ordered all residents, except those performing essential functions, to stay home.  Governors across the country have issued orders restricting various business activities.  The trend is likely to continue in the coming weeks and to adversely impact the bottom line of many businesses.

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