Archives: Business Interruption

Subscribe to Business Interruption RSS Feed

Recent Developments in Business Interruption Claims

Arnold Palmer once described golf as “deceptively simple and endlessly complicated.”  That’s a good description for insurance also.  (Fortunate for me, since I get paid to figure it out.)  Given the rules of construction, ambiguities (even latent ambiguities) in insurance policies are supposed to be construed against the carrier. I’ve therefore always wondered why the … Continue Reading

“Ordinance or Law” Coverage for Costs of Repair

I was saddened to learn that Judge Ruggero Aldisert, formerly of the Third Circuit, recently passed away.  I never had the privilege of appearing before Judge Aldisert, and I never met the man, but I feel indebted to him for writing two excellent books that were published through NITA:  “Logic for Lawyers” and “Winning on … Continue Reading

Calculating Business Interruption Damages

When I was in college, there was an English professor named Frank Kinahan, who taught a class called “The Little Red Schoolhouse.”  A lot of my fellow students (not me, of course!) apparently thought that if they could just write their papers in enough of an arcane and convoluted manner, people (including their professors) would … Continue Reading

How to prove a business interruption loss

I once heard a veteran of the complex commercial litigation wars describe the process as follows. “Each side hires an expert,” he said, “and the preponderance of perjury prevails.” A cynical – if funny and unfortunately too-often-accurate – view.  Recognizing that expert witnesses are, in essence, paid advocates, the Supreme Court formulated the Daubert and … Continue Reading

Insurance claims and Superstorm Sandy

I recently got interviewed by Ed Beeson of the Newark Star-Ledger as part of his article about the looming Superstorm Sandy insurance coverage litigation.  The insurance industry has definitely circled the wagons, and the first suits are now being filed.  There will be a lot of battles over causation (e.g., wind versus flood), as well … Continue Reading

Business interruption insurance and Hurricane Sandy

When Hurricane Sandy struck New Jersey last week, one of my out-of-state lawyer friends, employing the sort of dark humor that perhaps only other lawyers can appreciate, congratulated me on my “happy positioning in the world’s greatest business interruption insurance goldmine.”  I told him that, unfortunately, this time I might be a plaintiff instead of … Continue Reading

Business Interruption Insurance

I’m getting ready to speak at an ABA-TIPS conference on the topic of business interruption insurance.  Given the number of horrible tragedies we’ve been through in the past decade (prayers for all those affected by the earthquake in Japan), it’s certainly a timely subject.  To cut to the chase:  Business interruption insurance is designed to … Continue Reading
LexBlog