Canadian Underwriter

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business interruption


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The ‘massive’ business interruption coverage question with no ‘obvious answer’

June 8, 2020 by Greg Meckbach

The outcome of an ongoing British test case for business interruption during a pandemic could set a precedent for commercial coverage disputes in Canada, a Toronto-based insurance defence lawyer suggests. Britain’s Financial Conduct Authority (FCA) is scheduled to file a

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Editor’s Note: Underwriting for the next pandemic

June 5, 2020 by David Gambrill

The social and economic impact of the novel coronavirus pandemic in 2020 is truly horrifying, saddening, and staggering. Many of us have lost loved ones, or know people who are out of work because of the potentially lethal virus moving

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A new trend for BI coverage dispute lawsuits

May 28, 2020 by Greg Meckbach

Commercial insurers who deny business interruption claims during COVID-19 could be sued by clients whose legal fees come from third-party litigation funding providers, an industry watcher suggests. “One thing that is happening now is a lot of insurance companies are

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The three pandemic BI exclusions at the centre of a class action lawsuit

May 22, 2020 by Greg Meckbach

A Laval area restaurant that says it has lost more than $700,000 in two months as a result of the  pandemic is not taking no for an answer from the insurer, who says business interruption coverage does not apply because

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‘BI coverage’ misnomer puts the P&C industry behind the 8-ball: U.S. expert

May 14, 2020 by Adam Malik

The insurance industry set itself up for a public relations disaster when it comes to business interruption claims, and it should be prepared to be called out more often on the name given to the coverage, says one risk researcher.

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COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other

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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I

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BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance

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Is the risk of coronavirus a ‘physical loss’ to the property?

April 29, 2020 by Greg Meckbach

Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a

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Meet the restauranteur who’s taking the industry to court over pandemic BI coverage

April 14, 2020 by Greg Meckbach

Believe it or not, some commercial clients expect business interruption insurance to cover loss of income if the business gets interrupted, even if the cause of the interruption is a pandemic. Regina restaurant owner Thomas Siarkos is one such client.

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The advice some lawyers give commercial clients over pandemic BI coverage

April 9, 2020 by Greg Meckbach

Brokers advising commercial clients that business interruption is not usually covered during a pandemic should not be surprised if those clients are hearing something different from their lawyers. “I would caution policyholders to thoroughly review their specific policy language before

News InsuranceLegal

MDS ruling begs the question: Are your BI pandemic exclusions iron-clad?

April 9, 2020 Zoran Samac & Rohan Haté *

After recent events surrounding the COVID-19 pandemic, in addition to a recent Ontario Superior Court decision about business interruption in a nuclear incident, Canadian P&C underwriters may want to take a second look at the wording of their pandemic exclusions