McCarter & English on Fifth Circuit Panel Affirms Award of Lost Business Income Based on Post-Loss Economic Conditions

By Mark D. Villanueva, Associate, McCarter & English, LLP The Fifth Circuit Court of Appeals in Berk-Cohen Assocs. v. Landmark Am. Ins. Co. , 2011 U.S. App. LEXIS 14911 (5th Cir. July 20, 2011) recently considered whether an insured may recover for business interruption losses based on a post...