The Law Offices of Orin H. Lewis, PLLCThe Law Offices of Orin H. Lewis, PLLC2025-04-15T13:49:58Zhttps://www.orinhlewis.com/feed/atom/WordPress/wp-content/uploads/sites/1402619/2019/11/cropped-favicon-32x32.pngOn Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[3 ways to protect your business from a denied premises liability claim]]>https://www.orinhlewis.com/?p=475002022-03-03T15:24:58Z2022-01-07T14:30:59ZProve that the alleged incident never occurred
If you have security camera footage or secure entry into your building, you may be able to conclusively prove that someone was never on your premises. You may also have video footage showing them entering the building but no video footage of the alleged fall that occurred.
Typically, people have to prove not only that they got hurt on your property but also that your negligence somehow contributed to the situation. If there is no record of the incident, that can help you defend your company in court.
Show that the plaintiff is responsible for the situation
Perhaps there is no question that the person who brought the premises liability claim got hurt on your property. However, you maintain that the injury they suffered was their own fault. If there is medical documentation that they were under the influence of drugs or alcohol or if you have security camera footage proving that they were trying to take a selfie at the top of the stairs right before they fell, their contribution to the incident may leave them unable to bring a claim against your company.
Under the proportionate responsibility rules for civil lawsuits in Texas, someone with at least half of the responsibility for their own injuries cannot bring a claim against the other party in civil court.
Challenge the assertion that there are financial losses from the incident
Someone can fall and get hurt on your property without suffering any noteworthy injuries or losses. Are there actual medical records that show that they broke a bone, or do they just have paperwork showing that they missed two weeks of work? If you can challenge the claim that they suffered financial losses because of the incident on your property, you can potentially successfully defend against their premises liability claim.
Considering different ways to fight premises liability lawsuits can help your company minimize the impact of a premises liability claim that insurance declines to pay.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[You should stand up for yourself when a claim is delayed]]>https://www.orinhlewis.com/?p=474442021-09-30T15:53:57Z2021-09-30T15:53:57Zfirst-party claim hoping that you will drop the claim.
When you make a claim, keep an eye on the timeline
When you make an insurance claim, the insurance company only has a short time to review that claim. Insurance companies are required to take only a reasonable amount of time to review your claim and get back to you. If the company continues to delay service by not answering calls or responding to your claim, then you may be able to hold the insurance company responsible for those actions.
When your own company suffers losses because your claim is denied or delayed, it’s worth looking into your legal options to determine if there is a way to move forward and get the compensation you need.
Get to know the legal requirements of your policy
When you’re dealing with delays, one of the things you can do is to go over your insurance claim with your attorney. Go through the policy and pull out the important details, such as turnaround times that were previously mentioned or discussed and reasons that the insurance company may deny what seems like an appropriate claim.
By doing this, you’ll be able to see if there is anything in your claim that is really holding up the review or process of getting the payout you believe you deserve. If your claim meets the requirements of your insurance policy, then you can also push to have the insurance company respond by having your attorney reach out or advocate for your rights during the claims process.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[5 tips to avoid D&O liability]]>https://www.orinhlewis.com/?p=474422022-03-03T15:24:27Z2021-07-02T19:50:28Zdefense, government investigations, administrative actions and criminal proceedings in the event of a lawsuit.
However, there are several preventative steps that company officers and board-members can take to avoid such concerns:
Attend all (or most) board meetings
Inform the board of your decisions and reasoning. However, clarity with direction is only half the battle. You must also keep impeccable records If you have made an executive decision, provided the board with your reasoning and plans, and documented everything, accusations of “acting without board-approval” are far less likely.
Identify potential conflicts of interest
Having a good relationship with the other board members is fine, but a tight relationship can raise red flags among your colleagues. To avoid suspicions, outside directors should make every decision affecting the board members, such as compensation arrangements and employment contracts. Another common mistake is for the board members to serve as plan fiduciaries, as some may consider this a conflict of interest situation. Setting a written conflict of interest policy may also be in your best interests.
Be careful about securities’ information
Most board members and company officers get in trouble if they give out wrong information about their securities. In this case, investors who traded in your company would sue you if they suffered financial damage because of the misleading information.
Take care of your employees
A company is nothing without its employees, so the leaders of a company should ensure the fair treatment of their employees. A good Human Resources team must stick to the company’s guidelines and fight against sexual harassment and discrimination in the workplace. Choose your human resources representatives with great care, as they will be responsible for maintaining a good relationship with your employees.
Reread financial statements and transactions
Stakeholders must all read and completely understand budget proposals, financial statements, transactions, and other reports. In financial records, keep an eye out for numbers that don’t match or make sense. Transactions also need to be reviewed carefully: the terms, purpose, effects and structure must be clear to all board members and based on an informed decision.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[Maximizing the benefits of business interruption coverage]]>https://www.orinhlewis.com/?p=474162021-05-05T12:57:04Z2021-05-04T12:25:47ZTips for the Winter Weary
From burst pipes, to collapsing roofs, to mass power outages, this new year’s harsh winter weather has thrown yet another challenge at business owners already struggling with the ongoing effects of COVID-19. Those who purchased property insurance policies, especially with robust business interruption coverage, may be able to reap the benefits of that coverage. Whether and how much, though, may depend on how well those claims are handled. Here are a few tips that may serve your business well for this latest challenge as well as the challenges yet to come:
Mitigate your loss: As an insurer may readily advise, policyholders have a duty to mitigate. That same insurer, however, may neglect to mention that mitigation expenses may also be reimbursed. So, by all means, do what you reasonably can to minimize your company’s loss. But also keep track of what it costs—whether that is the cost of a professional mitigation service, temporary repairs to keep weather out, or just the cost associated with installing tarps to cover a roof or blowers to eliminate moisture.
Communicate early and often: Policies have certain notice requirements. Make sure you satisfy them. Let your broker, if you have one, know first thing that your business has suffered a loss. They should be able to help. Beyond notice, let your company’s insurer (or adjuster or claim administrator if one has been assigned) know what you are doing or intend to do for cleanup, debris removal, and mitigation. The insurer may want to inspect the damage or take photographs or video before you do. By all means, give them an opportunity to do so.
Take charge of your claim: Nobody knows your business better than you do. Nobody knows how this loss has impacted your business better than you. No insurer or adjuster can be as present as you can. Do not wait for an insurer or adjuster to tell you what they need. Take the initiative. Document everything. Take photographs and videos as soon as you can and as thoroughly as you can to visually document the damage. If completed products, raw materials, equipment, or other personal property has been ruined, photograph and catalogue them before you throw them out. If you are incurring additional expense either to mitigate your loss or operate your business while your property undergoes repair, make sure you are adding that to the list. Business interruption often saves expense even as it incurs expense and diminishes income. Thoroughly understand and document how the loss has impacted your company’s expense, income, and assets, so that you can successfully demonstrate and communicate how your business has suffered and what complete restoration looks like.
Keep a centralized record: Your company’s accounting and other business records may well be sufficient to document much of your loss. But an expense (and supporting documentation) that shows a loss that resides among your ordinary business expense records may just as well be buried in the sand if it stays there. Keep a centralized record, claim specific calculation and dedicated files to document your claim. Link or duplicate records as needed so that everything can be found and loss totaled in one place.
Know your policy: How you describe your claim and what caused it may make a difference in how an insurer adjusts your claim. Knowing what your policy covers and what it excludes will aid you in maximizing your recovery. Certain losses may fit in more than one bucket. If one bucket has a lid or a hole, look for another bucket. You may come across a category of coverage you had not considered. Looking through your policy may also help you identify other losses your company suffered but that you did not include in your loss documentation. If your policy does not expressly mention a type of loss your business has suffered, do not presume it is not covered. What is not said is often as important as what is. If not specifically excluded, the loss may well be covered.
Do not close your claim too early: Losses, especially business interruption losses, may take some time to fully mature. Business interruption coverage, in particular, may be limited in duration but do not confuse a better than expected month with complete restoration. Also, make sure you do not misinterpret policy language that may seem confusing or difficult to understand to self-limit recovery.
Do provide interim documentation: Not closing your claim too early, does not mean withholding information until you are ready to finalize your claim. Insurance companies often pay advances based on preliminary documentation. Periodically, submit the information you have gathered and ask for advances as appropriate. Cash flow should reduce your expense and may well speed your recovery.
Know your deadlines: In addition to notice requirements, your policy may have certain deadlines, including proof of loss deadlines and deadlines for filing suit. Make sure you know what those are and can meet them.
Be prepared to push back
If you have been told that all or part of a loss is excluded, limited or otherwise not covered, because of how you have described it, what the insurer says the policy means, or some deadline the insurer says you need to meet that you are not sure you can meet or, worse yet, you have missed, resist the temptation to capitulate or settle for less than full recovery. An experienced insurance recovery professional may have the solution. Perhaps the most important advice for a business owner suffering from a loss, especially a business interruption loss, is to speak up and take action. If you feel that an insurer’s demands, delay, or denial are questionable or unwarranted, consult with an experienced policyholder advocate as soon as possible.
]]>by The Law Offices of Orin H. Lewis, PLLC<![CDATA[vs. Deshaun Watson]]>https://www.orinhlewis.com/?p=474242021-04-26T15:38:17Z2021-04-26T15:38:17ZWorth the expense
By now, you’ve no doubt heard about the 22 women who sued Deshaun Watson alleging sexual misconduct. Recently, Watson filed answers in 14 of the cases describing the evidence that Watson’s attorneys had purportedly already gathered to rebut those allegations, prompting a local sports radio host to marvel at the resources Watson had apparently devoted to defending himself. In explanation, the sports radio host theorized that restoring Watson’s multi-million dollar reputation was worth the expense, suggesting that Watson was bearing the cost of his defense.
Perhaps. People, including attorneys, often assume that liability insurance does not cover certain types of alleged misconduct. Liability policies commonly include exclusions that preclude coverage if the insured intentionally causes injury. People often assume that such exclusions—often referred to misleadingly as intentional act exclusions—preclude both indemnity and a defense for intentional torts, such as civil assault or battery. However, such exclusions—more appropriately referred to as intentional injury exclusions, typically only apply if the insured intended to cause harm or, at the very least, believed his or her conduct substantially certain to injure. Under such a standard, even intentional torts may be covered.
Eight Corners. As to Watson, he may well have a liability policy that would afford a duty to defend for most, if not all, of the cases. Under the eight-corners rule, an insurer’s duty to defend is determined by the coverage provided in the policy and the claims alleged in the petition without regard to their truth or falsity. However, those allegations must be construed liberally in favor of the insured, and all doubts resolved in favor of the duty to defend. Moreover, if the petition potentially includes a covered claim, the insurer must defend the entire case. In this instance, the cases filed against Watson that I have seen consistently allege that he “intentionally or knowingly caused physical contact” with each plaintiff but also only that he “knew, or should have reasonably known,” that the Plaintiff would regard such contact as offensive. Even assuming the truth of the allegations against him, if the facts alleged are liberally construed and all doubts resolved in favor of the duty to defend, Watson’s insurer (or insurers) may have a duty to defend many, if not all, of those cases on the grounds that any physical contact, even if intentional, was not intentionally injurious in that Watson did not necessarily believe to a substantially certainty that the alleged physical contact would be unwanted.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[AIG Specialty Insurance Company. v. Stoller Enterprises, Inc. et al]]>https://www.orinhlewis.com/?p=474132021-03-16T17:56:59Z2021-03-15T17:55:50ZLessons Learned
Over three years ago, my clients, Stoller Group, Inc. and its subsidiaries, settled their claims against AIG in the above-entitled lawsuit, which lawsuit AIG had initiated in the Houston Division of the Southern District of Texas as Case No. 4:16-cv-00026. That litigation spawned yet another case that recently settled as well freeing me to reflect upon some of the lessons learned from the AIG case.
Insurance Company Brain.
When I explain to policyholders why it is important to be represented in insurance coverage disputes by a policyholder advocate, I often talk about the danger that an attorney who has represented insurance companies will have developed “insurance company brain.” Insurance company brain is a debilitating condition where the attorney has become so attuned to viewing an insurance policy through the lens of what the insurance company would say it means that the attorney cannot even conceive of reasonable alternative interpretations. Under Texas law, an insurance policy susceptible of more than one reasonable interpretation must be resolved by adopting the construction that most favors the insured, even if the construction urged by the insurance company appears to be more reasonable or a more accurate reflection of the parties’ intent. So, being able to break free from an insurance company’s pre-conceptions of what certain policy language means is indispensable to a successful policyholder advocate.
Policy Period.
Take the phrase “policy period.” To an attorney with insurance company brain, the idea that the phrase “policy period” could mean anything other than the period from the inception date of the policy to the expiration date of the policy is inconceivable. That was exactly AIG position when it sought to invoke an exclusion for:
Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.
However, “policy period” more appropriately refers to the period of time for which coverage is afforded under a policy, that is, the period during which an action or event must take place for coverage to be afforded under a policy. As the personal and advertising injury coverage, at issue, had a retroactive date, “beginning of the policy period,” at least in that context, could reasonably refer to the retroactive date. In the end, the district court in the AIG case agreed.
Unpublished Opinions.
In reaching that conclusion, the district court rejected the recommendation of a magistrate judge, who reached the opposite conclusion. This highlights yet a second danger. The magistrate judge’s unpublished opinion can be found on caselaw databases such as Westlaw. The district court’s decision, which was rendered from the bench following a hearing on Stoller’s objections, cannot. In fact, there’s no mention of the district court’s decision even in the history for the magistrate judge’s opinion. No wonder district courts and magistrate judges take citations to unpublished opinions in briefs with more than a little grain of salt. Keep that in mind if someone advises you that you do not have a case based on an unpublished opinion in another proceeding.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[HOA directors and officers may be liable for their fiduciary duties]]>https://www.orinhlewis.com/?p=472272020-09-28T16:54:57Z2020-10-01T16:54:30ZThe role of a board of directors
This group (often referred to as “the Board") will often manage the daily operation of an HOA. A select number of directors are elected at an annual meeting by the Association's membership. The group usually has equal stature, rights, preferences and each is entitled to vote on issues before the Board. There are usually three or five on Board. They are usually removed with HOA member approval.
The role of the officer
The officers usually have specific job titles – such as president, secretary, etc. The Association's bylines will outline each officer’s responsibility, functions and duties, but state statutes also apply. Rather than elected by association members, the directors usually appoint officers from the pool of directors. If they are appointed, they could be both a director and an officer. They are unable to vote on Board issues unless they are on the Board of directors. The Board of directors removes them if it so chooses.
They can face a claim or lawsuit
Directors and officers can have insurance coverage to protect them from financial or criminal liability. However, if the carrier believes that the insurance policy does apply to the claim, associations may try to directly blame directors or officers individually for a breach of their fiduciary duty. The reasons could be for unhappiness in the maintenance of the common areas, that the Board or officer showed a bias for or against one or more members of the Association, or some other matter.
State laws may offer some forms of protection from personal liability, and the HOA's bylaws can also do this. Still, there are often questions regarding the Board's authority and the relevant law. In cases like this, it is usually best for officers and Board members to consult with an attorney who handles insurance matters.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[Studio 417, Inc]]>https://www.orinhlewis.com/?p=472102020-11-17T10:39:26Z2020-08-18T13:19:16ZPhysical Loss or Damage.
A common insurance company tactic in response to insurance claims arising out of the Covid 19 pandemic has been to argue that all policies regardless of how worded require that the insured’s property be damaged to recover lost business income. Studio 417, Inc., a recent decision from the Western District of Missouri, correctly rejects that one-size-fits-all analysis.
The Insurance Company Mantra. Regardless of the wording of any given policy, insurance companies frequently repeat the mantra that business income losses cannot be recovered absent physical damage to the insured’s property. Insurance companies routinely invoke this mantra even when coverage is triggered, in whole or in part, by “loss,” “physical loss,” “loss or damage,” or “physical loss or damage.” In some instances, insurance companies subtly disguise the weakness inherent in their position by alternately describing the alleged “physical damage” pre-requisite as a “tangible,” “permanent,” or “physical alteration” of the property. In so doing, they direly warn that such a requirement must be imposed regardless of the language used; otherwise, coverage would potentially exist “whenever a business suffers economic harm.”
The Mantra as Applied to Covid 19
In the case of Covid19 losses, insurance companies have taken the position that no such physical damage can be shown either because the insured’s loss arose from its inability to use its property due to a closure order (not property damage) or because the Covid 19 virus even if present “hurts people, not property.” Contrary to insurance company scare tactics, however, these circumstances can easily be distinguished from economic harm due to mismanagement, competition or other losses that do not arise from an event that affects an insured’s ability to use its property.
Studio 417, Inc. The Court’s opinion in Studio 417, Inc. offers a good example as to why that one-size-fits-all approach to policy interpretation makes no sense. In that case, the policy in question provided coverage for “accidental physical loss or accidental physical damage.” Under well-settled rules of policy interpretation, this disjunctive wording necessarily means that either “loss” or “damage” will suffice and that “loss” is distinct from “damage.” As the Court rightly pointed out, Defendants’ argument—that “physical loss” requires actual, tangible, permanent, physical alteration of property—improperly treats the phrases physical loss and physical damage as if they have the same meaning.
Physical loss, of course, may reasonably be interpreted to include loss of use, such as occurs when a government prohibits use or when the presence of a virus makes a property unsafe or unusable. That such loss of use is somehow not physical, but intangible, defies logic. Property that cannot be physically used for whatever reason is still a physical loss. Likewise, it makes no sense to argue that loss means the impact must be permanent. If that were so, coverage could not exist, as it commonly does, for the temporary “loss” of business income.
A Second Opinion. If your Covid 19 insurance claim has been denied or you’ve been told that your policy will not cover your loss due to the absence of property damage, it may be worth your while to get a second opinion. Please call the firm at 713 423 6772 and get the second opinion your business deserves.
]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[Navigating the intricacies of cyber liability insurance coverage disputes]]>https://www.orinhlewis.com/?p=472032020-08-12T20:12:12Z2020-08-06T21:10:07ZData breaches on the rise
The Identity Theft Resource Center reports that 1,473 data breaches occurred in the U.S. in 2019, a 17% increase from the previous year. In addition to breaches, more than 164 million sensitive records were exposed.
Small and medium-sized businesses may carry general liability insurance that includes cyber liability coverage, but any company that stores personally identifiable information (PII) should have separate cyber liability insurance. As with other liability coverage, cyber security policies typically provide first-party and third-party coverage.
First-party coverage pays for the expense that a company incurs following a breach, such as notifying necessary parties, business interruption costs, public relations efforts to protect your reputation and ancillary costs such as credit monitoring for customers. First-party coverage may cover extortion costs that are demanded by a hacker, but this is an area that commonly creates disputes regarding cyber liability insurance coverage.
Third-party coverage helps a company defend against lawsuits and legal claims.
How much is enough?
Because cyber liability insurance is still relatively new, there is no standard policy, and risk managers and other company leaders can be uncertain how much coverage is enough. Benchmarking your industry average can result in a company purchasing too much or not enough coverage.
A good starting point to make this calculation is to conduct a comprehensive analysis of what type of information is being stored, how it is being stored and who has access to it. This allows company officials to map out what a data breach would look like and what you stand to lose, and then compare that to actual data breach cost statistics. This is similar to determining how much it would cost to replace a building or office equipment.
If an insurance dispute occurs
Analyzing judicial treatment of policy disputes is challenging because there is not enough body of case law to interpret. Thus, resolving disputes involving cyber liability insurance is difficult. Cyber liability policies typically feature complex language regarding intricate technological systems.
It is important to enlist the help of an experienced insurance dispute law firm that understands cyber liability insurance contracts and can advocate aggressively on your behalf. As with many business disputes, these cases are frequently resolved through negotiation and sometimes arbitration. By putting experienced legal counsel in your corner, you can be assured that your best interests will be protected.]]>On Behalf of The Law Offices of Orin H. Lewis, PLLC<![CDATA[Why it’s vital to understand your D&O policy before you need it]]>https://www.orinhlewis.com/?p=471792020-06-25T16:00:18Z2020-06-25T22:09:00Zdirector and officer’s insurance may seem like just another item on the liability checklist. If the company has a policy, you may feel protected. However, that may or may not be true. The personal and professional consequences of not examining such an insurance policy properly and finding something amiss when you need it most cannot be overstated. Should a civil lawsuit, government investigation, administrative action or even criminal proceedings launch against you, this coverage could be the only thing that stands between you and literal ruin.
Serving a company, whether public, private or non-profit, comes with risks. It may seem unlikely, but the day may come when you will be exceptionally glad to have prepared for the possibility of legal action against you.
7 tips for directors and officers
Director and officer (D&O) actions often happen in hard times. Be prepared. If your company is going through financial hardship, bankruptcy or some other disaster, know that the shareholders, board or even creditors will be scrutinizing not only how you respond but also everything you’ve done up to this point. If there is anything you can do to mitigate a situation, seriously consider taking that course of action as a precautionary measure.
Review your policy with an experienced attorney at the time the company purchases it—or, even better, before. Every D&O policy is different. It’s important that you understand the nuances of the one you have. Look at the provisions and discuss whether there are potential gaps in the liability coverage. Make sure that the coverage you have will protect you.
If you believe a potential claim may be brewing, make sure you understand the provisions governing notice and when you need to give notice to assure coverage.
Understand the clauses that can eliminate coverage from the outset. Before the policy is bound or even after the policy is bound but a claim has not arisen, these exclusions or limitations can sometimes be negotiated with the insurance company and either modified or eliminated. Even if not, such exclusions or limitations may leave a sufficient gap in coverage that getting a different policy may be advisable.
If there are gaps in your company’s D&O insurance, it may be possible to fill them with alternate insurance policies. Explore the coverage of additional protections through other liability policies, such as a general liability policy, an environmental policy or a fiduciary liability policy. Check the definitions of an insured. What does the full picture of your insurance coverage look like?
If an insurance company declines to provide you a defense or provides a defense subject to a reservation of rights, contact an attorney to make sure you fully understand your options.
As a businessperson, you are well-acquainted with risk, responsibility and liability. Wise counsel can help you protect yourself not only when disaster strikes but also mitigate the effects of risk factors on your life and career overall.]]>
A common insurance company tactic in response to insurance claims arising out of the Covid 19 pandemic has been to argue that all policies regardless of how worded require that the insured’s property be damaged to recover lost business income. Studio 417, Inc., a recent decision from the Western District of Missouri, correctly rejects that one-size-fits-all analysis.
The Insurance Company Mantra. Regardless of the wording of any given policy, insurance companies frequently repeat the mantra that business income losses cannot be recovered absent physical damage to the insured’s property. Insurance companies routinely invoke this mantra even when coverage is triggered, in whole or in part, by “loss,” “physical loss,” “loss or damage,” or “physical loss or damage.” In some instances, insurance companies subtly disguise the weakness inherent in their position by alternately describing the alleged “physical damage” pre-requisite as a “tangible,” “permanent,” or “physical alteration” of the property. In so doing, they direly warn that such a requirement must be imposed regardless of the language used; otherwise, coverage would potentially exist “whenever a business suffers economic harm.”
The Mantra as Applied to Covid 19
In the case of Covid19 losses, insurance companies have taken the position that no such physical damage can be shown either because the insured’s loss arose from its inability to use its property due to a closure order (not property damage) or because the Covid 19 virus even if present “hurts people, not property.” Contrary to insurance company scare tactics, however, these circumstances can easily be distinguished from economic harm due to mismanagement, competition or other losses that do not arise from an event that affects an insured’s ability to use its property.
Studio 417, Inc. The Court’s opinion in Studio 417, Inc. offers a good example as to why that one-size-fits-all approach to policy interpretation makes no sense. In that case, the policy in question provided coverage for “accidental physical loss or accidental physical damage.” Under well-settled rules of policy interpretation, this disjunctive wording necessarily means that either “loss” or “damage” will suffice and that “loss” is distinct from “damage.” As the Court rightly pointed out, Defendants’ argument—that “physical loss” requires actual, tangible, permanent, physical alteration of property—improperly treats the phrases physical loss and physical damage as if they have the same meaning.
Physical loss, of course, may reasonably be interpreted to include loss of use, such as occurs when a government prohibits use or when the presence of a virus makes a property unsafe or unusable. That such loss of use is somehow not physical, but intangible, defies logic. Property that cannot be physically used for whatever reason is still a physical loss. Likewise, it makes no sense to argue that loss means the impact must be permanent. If that were so, coverage could not exist, as it commonly does, for the temporary “loss” of business income.
A Second Opinion. If your Covid 19 insurance claim has been denied or you’ve been told that your policy will not cover your loss due to the absence of property damage, it may be worth your while to get a second opinion. Please call the firm at 713 423 6772 and get the second opinion your business deserves.
]]>