New Appleman on Insurance: Business Interruption Insurance

ebook ∣ A Resource in the Aftermath of Hurricane Sandy: Chapter 46: Time Element (Business Interruption) Insurance

By Bernard P. Bell

cover image of New Appleman on Insurance: Business Interruption Insurance

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Format

ebook

Author

Bernard P. Bell

Publisher

LexisNexis

Release

16 January 2013

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Subjects

National Insurance Law Property Law Treatise

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1. This publication provides guidance to insurance coverage attorneys, representing either commercial policyholders or their insurers, in a critical aspect of insurance following a widespread catastophe.

2. This publication provides comprehensive and detailed guidance for insurance coverage attorneys, representing either commercial policyholders or their insurers, in a critical aspect of insurance following a widespread catastrophe: time element insurance. Here is a small sample of the coverage issues analyzed:

  • Whether the destruction or corruption of electronic data constitutes the physical loss or damage required to trigger business insurance coverage;
  • What business interruption claims can be made not conditioned on claims for damaged property;
  • Whether complete cessation of business is required;
  • What is included and excluded under extra expense coverage;
  • How the extent of contingent business interruption varies among different policies;
  • Causation issues in contingent business interruption coverage;
  • Whether exclusions in the property damage portions of the policy apply to the time element claims;
  • Applying idle period exclusion proportionally where non-covered concurrent cause of loss would have interrupted operations only partially;
  • Applying loss of market or contract exclusions in time element policies;
  • Issues as to the period of recovery such as its commencement and termination; choice of rebuilding, repairing or replacement; due diligence and dispatch requirement; extended recovery periods; and causation issues affecting the period of recovery; and
  • Measure of recovery issues such as the degree of consideration given to past experience; evidentiary issues; pre-loss projections of post-loss performance; consideration of post-loss market conditions; and continuing vs. non-continuing expenses.


    3. Written by an acknowledged expert with over 20 years of experience in insurance coverage disputes , this publication provides guidance in the complex, high-stakes issues that arise in time element insurance.

    • Format

    ebook

    Author

    Bernard P. Bell

    Publisher

    LexisNexis

    Release

    16 January 2013

    Share

    Subjects

    National Insurance Law Property Law Treatise
    New Appleman on Insurance: Business Interruption Insurance