Business Interruption Coverage: Virus and Pollution Exclusions in Coronavirus-Related Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will educate counsel for insurers and policyholders on how courts have split on coverage issues and exclusions impacting business interruption coverage related to the 2020 pandemic. The program will guide counsel through emerging rationales for both extending or denying coverage or applying specific exclusions.
Outline
- First-party property insurance policies
- Business interruption coverage
- Contingent business interruption coverage
- Exclusions and exceptions to exclusions
- Virus
- Pollution, contamination, microbe
- Biologic agents
- Communicable disease
- Public policy objections to virus exclusion
Benefits
This panel will explore these and other key questions:
- What is "direct physical loss" that will trigger business interruption coverage?
- How are courts interpreting the language of relevant exclusions?
- Are a communicable disease coverage grant and a contamination exclusion mutually exclusive?
- Does the virus exclusion apply if the "virus" is only one of several concurrent causes of loss?
- Does the virus exclusion apply if a business is closed to prevent contamination?
- Are there any public policy arguments against a virus coverage exclusion?
Faculty
Michael S. Levine
Partner
Hunton Andrews Kurth
Mr. Levine has more than 20 years of experience litigating insurance disputes and advising clients on insurance... | Read More
Mr. Levine has more than 20 years of experience litigating insurance disputes and advising clients on insurance coverage matters. He represents and counsels policyholders in insurance recovery and business disputes. Mr. Levine also assists clients regarding claim evaluation and strategy, policy placement and endorsement and broker liability issues. In recent years, he has recovered hundreds of millions of dollars for clients in matters involving virtually every type of insurance policy, including property, D&O, E&O, general liability, employment, environmental, and representations and warranties coverages. Mr. Levine has extensive experience with property damage, business interruption and extra expense claims in the U.S. and abroad, as well as reinsurance claims.
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Joann M. Lytle
Partner
McCarter & English
Ms. Lytle represents corporate policyholders in insurance coverage disputes. She handles disputes involving... | Read More
Ms. Lytle represents corporate policyholders in insurance coverage disputes. She handles disputes involving commercial general liability, umbrella/excess liability, errors and omissions liability, directors and officers liability, and employment practices liability policies. She represents policyholders in litigation, arbitration and mediation and provides insurance coverage advice and counseling to her clients. She also handles commercial litigation matters.
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Jeffrey S. Raskin
Partner
Morgan Lewis & Bockius
Mr. Raskin is head of the firm’s Insurance Recovery Practice in the San Francisco office. He has... | Read More
Mr. Raskin is head of the firm’s Insurance Recovery Practice in the San Francisco office. He has represented clients involved in litigation, arbitration and mediation in matters related to insurance coverage, environmental disputes, and IP disputes, among others. Mr. Raskin has handled insurance matters seeking recovery for catastrophic losses in environmental, asbestos, silica, toxic tort, product liability, and securities cases.
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