States are Currently Proposing Legislation Requiring Retroactive Removal of Virus Exclusion to Coronavirus Business Income and Civil Authority Claims

Co-authored by: Cileena Terra      States across the United States have been proposing legislation that could retroactively remove virus exclusion clauses for COVID-19 business income and civil claims. New Jersey has recently proposed Assembly Bill 3844 which would mandate that “every policy of insurance insuring against loss or damage to property, which includes the loss of …

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Suspension of Statutes of Limitation amid COVID-19 Pandemic does not apply to suits against your Insurance Company

Everyone in Connecticut has been effected by the COVID-19 pandemic and the Executive Orders issued by Governor Ned Lamont. Some Connecticut resident may have recognized that recent Executive Order 7G suspends most civil statutes of limitation, allowing causes of action with deadlines to initiate a lawsuit by March 19, 2020 to be filed after that …

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Is There Business Interruption Coverage For Damages Caused By The Corona Virus (COVID-19)?

The outbreak of the coronavirus (COVID-19) has stopped or stalled thousands of American business in its wake. The economic results of the pandemic are only starting to be realized, and the National State of Emergency and related shuttering of many businesses will only add fuel to this fire. As a result, many businesses are looking …

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Xactimate, who owns it and who are you actually dealing with when the insurance company relies on an Xactimate estimate?

Xactimate is a program created by Xactware and it used by insurance companies to estimate property damage claims that many believe are biased against the insureds in favor of the insurance company. Today 22 of the top 25 property insurance companies in the U.S. use Xactware property insurance claims tools. Xactware is a subsidiary of …

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When Does an Excluded Loss End and a Covered “Resulting Loss” Begin

When an excluded loss ends and when a covered “resulting loss” begins was the subject of a recent decision in, EMS USA, Inc. v. Travelers Lloyds Ins. Co., 54509 (S.D. Tex. Feb. 28, 2018). This case involved a builder’s risk policy that covered a natural gas pipeline construction job in Texas. The insured, pipeline contractor, …

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Another Reason an Insurer May Deny Your Claim

There are serious consequences when a homeowner or insured fails to provide prompt notice which prejudices an insurance company. An insurer may deny your claim for failure to give prompt notice of a loss which hinders their ability to determine the extent of the damage. In De La Rosa v. Florida Peninsula Ins. Co., 246 …

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