First-Party Property and Business Interruption Coverage After Hurricanes Harvey and Irma

Flood Exclusions, Concurrent Causation, Business Interruption Losses, and Off-Premises Time Element Coverages for Insureds and Insurers

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


Conducted on Wednesday, October 25, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss coverage disputes arising from natural disasters like Hurricane Harvey and Irma under commercial first-party property policies, including coverage for losses due to business interruptions at the insured site and off-premises damage causing loss for the insured. 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.

Description

Hurricane Harvey 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.

Off-premises losses may be covered by contingent business interruption insurance, which covers losses due to damage to insured’s customers, suppliers and nearby flagship businesses. The scope of such coverage may vary among policies.

Other business interruption losses can occur due to road closings, curfews and transportation shut downs 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. 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
    2. Storm damage vs. flooding
    3. Concurrent cause and anti-concurrent cause policy provisions
  2. Business interruption coverage
    1. Period of restoration—when it begins, ends, actual vs. theoretical time
    2. Interplay with physical loss
    3. Building ordinance or law
    4. Actual post-loss market conditions
  3. Contingent business interruption coverage
    1. Loss of electricity and gas shortages
    2. Damage to vendors and supply chains
    3. Civil authority interruptions

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?
  • 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?
  • What are the contractual requirements and practical problems concerning contingent business interruption coverage?

Faculty

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

Harckham, Finley
Finley T. Harckham

Shareholder
Anderson Kill

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

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