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COVID-19 Business Interruption Claims and Bad Faith

The global health emergency caused by COVID-19 has either disrupted or completely interrupted business operations across the United States.  The financial impact of government-mandated shutdowns on businesses is substantial.  Consequently, insurers are now navigating a wave of claims for losses due to the business interruption of shelter-in-place orders. 

Proactive policy review and tracking legislative and legal developments are key for insurers navigating the multitude of business interruption claims they are receiving.  During the webinar, Michael Forte and Jacey Kaps explored the principal arguments for and against coverage of business interruption claims related to the COVID-19 pandemic, viewed through the lens of Florida’s liberal bad faith liability laws. 

Some key points covered during the presentation:

  • Insurance policies that provide business interruption coverage were generally written to exclude coverage for virus-related claims and likely do not cover COVID-19-related business losses.
  • Most courts that have examined COVID-19-related business interruption claims have rejected them.
  • Nonetheless, the facts of a claim and insurance policy language should be examined carefully to assess unique factors for a claim.


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