Insights

The path to a business interruption insurance payout for companies shuttered by the COVID-19 pandemic has always been fraught with peril. A united insurance industry has told anyone who will listen that their policies simply don’t cover business interruption losses caused by the COVID-19 pandemic.…
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In one of our prior blogs, we predicted the first round of COVID-19 business interruption coverage litigation would battle over the issue of whether closure orders result in “physical loss or damage” sufficient to trigger coverage. Indeed, one of the first courts to have considered…
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Since the outset of the COVID-19 pandemic, the insurance industry has told anyone who will listen that business interruption insurance coverage is not available for coronavirus-related claims because there is no “direct physical loss or damage” necessary to trigger coverage. While insurers insist that direct…
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To put it mildly, many businesses continue to struggle with disruptions caused by the COVID-19 pandemic. Employees are prohibited from entering job sites and have taken federally authorized leave en masse, supply chains are disrupted, and state and local health authorities close all but “essential…
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Stay-at-home orders and the economic disruption caused by the COVID-19 pandemic have taken their toll on several industries, including construction.  The impact of the pandemic has made it impossible, or at least more expensive, for projects to proceed on schedule. Contractors experiencing losses or delays…
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Over the past decade many employers have gradually permitted and, at times, even expected employees to work remotely.   These early-adopting employers have had the luxury of methodically contemplating policies and best practices for remote work. However, with the novel coronavirus abruptly closing workplaces across the…
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Business borrowers that find themselves in default on a promissory note or other credit facility may be asked by the lender sign a “forbearance agreement.” Often, these are presented by the lender as a generous concession on their part in order to give the borrower…
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