Business Interruption and First-Party Property Coverage After Hurricanes, Floods: Issues for Insurers and Insureds

Flood Exclusions, Concurrent Causation, Business Interruption Losses, and Off-Premises Coverage

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, December 7, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 12, 2021

or call 1-800-926-7926

This CLE course will address issues faced by insurers and policyholders responding to claimed losses arising from natural disasters like Hurricane Ida under commercial first-party property policies, including coverage disputes concerning claims due to business interruption at the insured site and due to off-premises damage. The panel will discuss deductibles and exclusions that often create difficulties and the differences between direct and contingent business interruption coverage. The program will discuss steps that counsel to policyholders should take to prepare to file claims and considerations for insurers planning for a deluge of claims in light of lessons learned from prior storms.

Description

Hurricane Ida and similar weather-related disasters trigger unique commercial property insurance coverage issues. Flooding and storm surge exclusions, along with "anti-concurrent causation" provisions, present hurdles for policyholders who suffer catastrophic losses.

Insureds not only incur business interruption losses due to physical damage at the insured location but may also sustain loss due to damage to off-premises businesses servicing the insured, or on which the insured relies to attract customers to its business.

Off-premises losses may be covered by contingent business interruption insurance, which covers losses due to damage to the insured's customers, suppliers, and nearby flagship businesses. The scope of such coverage varies among policies. Under certain circumstances, coverages for civil authority and ingress and egress may be available to cover business losses due to road closings, curfews, and transportation shutdowns mandated by civil authorities.

Listen as our authoritative panel of insurance practitioners analyzes coverage issues arising from natural disasters under commercial first-party property insurance policies. The panel will discuss coverage for losses due to business interruption at the insured site and off-premises loss by the insured, along with additional coverages such as civil authority and ingress and egress. The panel will outline steps for counsel to policyholders preparing to file claims and for counsel to insurers facing claims.

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Outline

  1. First-party property coverage
    1. Named storm deductibles and sub limits
    2. Storm damage vs. flooding
    3. Concurrent cause, efficient proximate cause, and anti-concurrent cause policy provisions
  2. Business interruption coverage
    1. Period of restoration: when it begins, ends, actual vs. theoretical time, extended period of indemnity
    2. Requirement of direct physical loss or damage
    3. Ordinance or law coverage and exclusions
    4. Actual v. anticipated post-loss market conditions
  3. Contingent business interruption and other additional coverages
    1. Contingent business interruption – damage/disruption to vendors, supply chains, dependent properties
    2. Off-Premises utility interruption coverage
    3. Civil authority interruptions
    4. Impairments to ingress and egress

Benefits

The panel will review these and other key issues:

  • How do courts treat flood and storm surge exclusions and "anti-concurrent causation" policy provisions?
  • How will the specific business interruption policy language affect the appropriate "period of restoration" and the suitable location of the insured's business?
  • How many “occurrences” of loss (and deductibles) arise from an event or series of events that occur over time?
  • How do post-storm changes in the local or regional economy affect an individual insured’s business interruption claim?
  • What constitutes a “supplier” for purposes of contingent business interruption coverage?

Faculty

Harckham, Finley
Finley T. Harckham

Shareholder
Anderson Kill

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has...  |  Read More

DeMeo, Raymond
Raymond T. DeMeo

Counsel
Robinson & Cole

Mr. DeMeo handles insurance litigation, including claims stemming from large-scale natural and man-made disasters. He...  |  Read More

Additional faculty
to be announced.
Attend on December 7

Early Discount (through 11/12/21)

Cannot Attend December 7?

Early Discount (through 11/12/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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