Federal Court Rules for Insureds—COVID-19 Shutdowns May Constitute “Direct Physical Loss” Under Business Interruption Insurance Policies

$95.00

CLE credits earned: 1 General Credit (WA 1 Law and Legal)

The webinar will focus on the efforts of insureds to obtain business interruption coverage for their losses caused by COVID-19 and the government shutdown orders that were issued in response to it. More specifically, the webinar will discuss the key features of insurance policies that determine whether business interruption coverage may be available to cover lost income caused by COVID-19. The talk will also include a survey of business interruption coverage litigation nationwide, including an update on the presenters’ representation of a group of D.C.’s finest restaurants who sued their common insurer seeking a declaration that their policies entitle them to business interruption coverage for their losses caused by COVID-19 and the ensuing shutdown orders. Attorneys can expect to learn about business interruption insurance policies and their key terms; key issues related to seeking business interruption coverage for losses caused by COVID-19; efforts by insureds around the country to obtain business interruption coverage for losses caused by COVID-19; and the prospect of legislative efforts to assist insureds who have suffered COVID-19 related losses.

Key topics to be discussed:

• Business interruption insurance policies and key terms
• Business interruption coverage issues related to COVID-19
• National survey of COVID-19 related business interruption coverage litigation
• State legislative efforts to assist the retail industry in response to COVID-19

Date / Time: September 30, 2020

•   4:00 pm – 5:00 pm Eastern
•   3:00 pm – 4:00 pm Central
•   2:00 pm – 3:00 pm Mountain
•   1:00 pm – 2:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.

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Original Broadcast Date: September 3, 2020

Mike Davis | partner in Venable’s Environmental and Insurance groups

Mike represents government agencies, developers, lenders, and others in complex litigation and business transactions involving a variety of issues, including construction, insurance, transportation, and environmental. He has been involved in some of the most significant redevelopment projects in the country, including New York’s World Trade Center, Washington, DC’s Poplar Point redevelopment project, and the redevelopment of Long Island City, New York. Mike also represents some of the country’s finest restaurants, hospitality companies, national and regional retailers, building owners (including of buildings under construction), not-for-profit organizations, trade associations, and others in business interruption and event cancellation coverage claims, including litigation, arising from the COVID-19 pandemic. He has been extensively quoted on these matters, including in the Washington Post, and has presented to national trade associations of retailers.
 
 

David Feinberg | Partner in Venable’s Commercial Litigation and Insurance groups

Dave is a trial attorney and litigator who handles a wide array of insurance, real estate, landlord/tenant, commercial litigation, construction, consumer protection, antitrust, and environmental disputes. Unlike many other trial attorneys, David has handled complex, months-long trials and arbitrations. In addition to this experience, David has represented a broad spectrum of businesses, including a variety of real estate developer clients, as first-chair litigation counsel. He also has extensive experience managing appearances and proceedings before U.S. congressional committees, state attorneys general, and administrative agencies, including the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
 
 
  

Jonathan Hettleman | Associate in Venable’s Commercial Litigation and Insurance groups

Jonathan has experience on a wide range of private and government litigation before federal and state trial and appellate courts, including consumer finance litigation, insurance coverage litigation, environmental disputes, commercial real estate disputes, and government enforcement actions. Jonathan also has experience representing clients in federal and state government investigations.
 
 

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I. Business interruption insurance policies and key terms 3:00-3:15

II. Business interruption coverage issues related to COVID-19 3:15-3:30

III. National survey of COVID-19 related business interruption coverage litigation 3:30-3:45

IV. State legislative efforts to assist the retail industry in response to COVID-19 3:45-4:00