Business Interruption Coverage: Maximizing Coverage or Limiting Liability Exposure

Resolving Disputes Over Period of Indemnity, Contingent Business Interruption, Civil Authority Coverage, and Physical Loss or Damage

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 14, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide insurance counsel with a review of key issues and disputes that arise in determining the scope of coverage for business interruption, contingent business interruption and civil authority. The panel will also discuss the interplay between business interruption coverage and physical loss.


Business interruption insurance covers loss of business income following damage to property and during the time the property is repaired or rebuilt, although defining or measuring this period of indemnity is not always straightforward and is often the subject of dispute and litigation.

Contingent business interruption coverage will cover a loss due to damage to the insured’s customers, suppliers and nearby flagship businesses, and the scope of that coverage may vary among policies. Contingent claims often have unique causation issues.

In determining whether there is a "physical loss or damage," contested issues often include intangible losses, contamination of property, loss of electronic data, and prohibition on accessing a premises by an order of government authorities, as is often the case with natural disasters.

Listen as our authoritative panel of insurance practitioners discusses key contested issue in business interruption coverage and best practices to resolve disputes over period of indemnity, contingent business interruption coverage and whether a physical loss or damage has occurred.



  1. Business interruption coverage – period of restoration
    1. Period of restoration—when it begins, ends, actual v. theoretical time
    2. Building, ordinance or law
    3. Actual post-loss market conditions
  2. Contingent business interruption coverage
  3. Civil authority coverage
  4. Interplay between business interruption coverage and physical loss


The panel will review these and other key questions:

  • How will the specific policy language impact the appropriate “period of restoration” and the suitable location of the insured’s business?
  • Can a generalized revenue shortfall following a catastrophic event sustain a claim for contingent business interruption or must the insured identify specific suppliers or customers whose property was damaged?
  • Is coverage triggered by the mere existence of a “loss” without a finding of “damage”?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Scott G. Johnson
Scott G. Johnson

Robins Kaplan Miller & Ciresi

Mr. Johnson's practice focuses on providing insurance and reinsurance coverage advice and on representing...  |  Read More

Nicholas M. Insua
Nicholas M. Insua

McCarter & English

He concentrates his practice on insurance recovery litigation exclusively on behalf of policyholders. He has handled...  |  Read More

Bernard P. Bell
Bernard P. Bell

Jones Day

He concentrates his practice on obtaining insurance recoveries for corporate policyholders and individual directors and...  |  Read More

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