Business Interruption Insurance

Ruder Ware
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Businesses often carry insurance to cover losses caused by a variety of events or perils.  Restrictions, closures, whether voluntary or not, and policies related to COVID-19 are negatively impacting businesses and affecting bottom lines.  As a result, business owners are asking whether they are insured for their losses due to COVID-19 like they might be for other events or perils such as a fire or tornado.  Litigation of this issue has already started with the recent filing of a lawsuit in Louisiana District Court, Orleans Parish, by an insured business seeking coverage for its losses caused by COVID-19  (Cajun Conti LLC, et al. v. Certain Underwriters at Lloyd’s, London, et al., No. 2020-02558)  While this case is sure to be followed closely, it is not likely to provide a universal “yes” or “no” answer to whether your business is covered for COVID-19 losses because the question of coverage boils down to your particular facts and circumstances, your policy language and the applicable law that dictates how your policy is interpreted.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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