Texas Lawyer Publishes Akin Gump Article on Insurance Coverage for COVID-19-Related Business Interruption Losses
Contact:
Texas Lawyer has published the article “Insurance Coverage for Coronavirus-Related Business Interruption Losses,” written by Akin Gump senior counsel Dennis Windscheffel, counsel Clayton Matheson and associate Erin Brewer. With the COVID-19 pandemic causing so much devastation for businesses everywhere, the article addresses the question of whether coronavirus could be considered direct physical loss or damage for the purposes of insurance coverage.
The authors write that, “the ultimate determination of [insurance] coverage will rest on the specific language of the policy at issue in each case.” With that in mind, there are “several common threshold issues,” they say, “that the courts in these actions may need to consider.”
The authors suggest asking the following questions:
- Does the coronavirus cause “direct physical loss or damage”?
- Are there any applicable exclusions?
- Are there any applicable interruption-related coverage extensions?
- Even if there is coverage, how long will it last?
- Will legislatures retroactively negate insurers’ policy-based coverage defenses?
To read the article in its entirety, please click here.
People Mentioned in This News
