After Hurricane Irene,
individuals and businesses will face property losses and interruption of
business and will look to insurers for coverage of these multi-faceted losses.
To remain up-to-date on the coverage issues raised by Hurricane Irene and
similar natural events, we invite our Community to access the following
resources (some that are specific to states directly impacted by the Hurricane,
such as New Jersey and New York):
Issues Related to Homeowner's Policies
LexisNexis Practice Guide New Jersey Insurance
Litigation, Chapter 3: Personal Lines.
Click for a Free Download of Section 3.10: Identifying Whether Loss is Included
or Excluded by Policy Definitions.
New Appleman New York Insurance Law, Second
Edition, Chapter 13: Property Insurance.
Click for a Free Download of Section 13.06: Homeowner's Insurance.
New Appleman Insurance Law Practice Guide, Chapter
33: Understanding Homeowner's Insurance.
Click for a Free Download of Section 33.08: Understand Perils Insured Against.
Resolving Issues Related to Business Interruption
New Appleman on Insurance Law Library Edition,
Chapter 46: Time Element (Business Interruption) Insurance.
Click for a Free Download of Section 46.05: Coverage Enhancements and Extensions.
Resolving Issues Related to Hurricane Insurance
Appleman on Insurance 2d, Chapter 192: Insurance Coverage
Issues Involving Hurricanes.
EMERGING ISSUES ANALYSIS
What Insurance Coverage to Look for in the Wake of
Natural Disasters--McCarter & English on Earthquakes, Floods, and Disasters
Near and Far: Policyholders Should Look for Cover in the Coverage.
by Sherilyn Pastor, Ira
Gottlieb and Nicholas M. Insua
2011 Emerging Issues 5558
This commentary addresses
several types of insurance coverage, what they insure, and what to look for and
consider when bringing a claim that may arise in the wake of a natural
disaster. In particular, the commentary discusses several types of coverage
typically found in a first-party property insurance policy, including property
damage, business interruption, extra expense, extended business interruption,
and contingent business interruption.
NEW APPLEMAN ON INSURANCE: CURRENT CRITICAL
ISSUES IN INSURANCE LAW
Chapter 14: Interpretation and Enforcement of
Anti-Concurrent Policy Language in Hurricane Katrina Cases and Beyond,
by David P. Rossmiller.
Click for a Free Download of the entire Chapter 29: A Practical Guide to Evaluating
Contingent Business Interruption Losses,
by Lawrence T. Bowman and Kendall K. Hayden
Chapter 37: A "Suspension,"
"Interruption," or "Total Cessation" of Operations--Not So
by Richard P. Lewis and
Michael N. DiCanio
This article discusses three categories of cases which have interpreted
"suspension," or "interruption" language in light of
insurance company arguments that a total cessation of operations is required.
Specifically, we examine: (1) the "total cessation" requirement line
of cases; (2) cases rejecting the "total cessation" requirement; and
(3) cases finding no "cessation" of operations is required to recover
lost Business Income under provisions tying coverage to an "interruption."
52: Effect of Post-Loss Economic Factors in Measuring Business Interruption
Losses: An Insured's and Insurer's Perspectives,
by Gregory D. Miller and Joseph D. Jean
This article discusses the developing body of case law analyzing how to measure
business interruption losses where the insured's loss is affected by post-loss
economic factors. In addition to discussing the two competing approaches, the
article also analyzes several hypothetical scenarios from both an insured and
an insurer perspective, which further serve to facilitate the discussion and
highlight the significance of post-loss economic factors in measuring business
Listen to Selena Linde's informative podcast now
- LexisNexis Insurance Law Podcast: Selena J. Linde
on Hurricane Irene Insurance Coverage Issues.
more information about LexisNexis products and solutions, connect with us
through our corporate site.