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Calculating Damages for Business Interruption Losses: Coverage Maximizing Methodologies, Post-Loss Market Conditions

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 29, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss the challenges that COVID-19 and other catastrophes present when calculating business interruption claims. The panel will discuss the two most commonly adopted methodologies, how the court's approach can affect recovery, and the effect of recent decisions and pending issues on this area of law.

Description

Business interruption insurance is proving to be a lifeline for some businesses which may need to recover on pending claims to survive. A policyholder's likelihood of recovery depends on understanding the "business interruption (BI) formula" of insurance.

But calculating losses are usually far more complex since policyholders must estimate their losses, assuming that the loss event did not occur. This requires working with projections and assumptions.

When a widespread event impacts an entire economy or area, there are sometimes disputes over whether to consider post-loss market/economic conditions in calculating the insured's business interruption losses. Courts grapple with whether business spikes in the immediate aftermath of a disaster should be considered. Start-up businesses may face unique difficulties.

Further, courts may be inclined to favor finding coverage or not, depending on the type of disaster, nature of the business, and policy language at issue.

Listen as this experienced panel guides counsel regarding calculating business interruption claims, when to involve accounting experts, what types of challenges to expect, and how a court's approach can significantly affect recovery.

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Outline

  1. Business interruption formula
  2. Top-down and bottom-up approaches
  3. Particular concerns when damage is widespread
  4. Documents needed
  5. Projecting profits
  6. Special considerations

Benefits

The panel will review these and other pivotal issues:

  • How can counsel research how a court approaches the calculation process?
  • What is the best approach to maximize recovery?
  • Should outside consultants be engaged?
  • What mitigation strategies are required?
  • What costs are usually excluded from the loss?

Faculty

Critelli, Joseph
Joseph Critelli, CPA, CFF, CRIS, ERIS
Senior Director
Imperium Consulting Group

During his extensive career, Mr. Critelli has accumulated thirty years of experience working in various aspects of the...  |  Read More

Gilinsky, Marshall
Marshall Gilinsky
Shareholder
Anderson Kill

Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive...  |  Read More

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