Disciplined in Sophisticated Defense and Insurance Litigation

September 02, 2015 | Publication| Time Element Coverages in Business Interruption Insurance

K. Clark Schirle

Generally, business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical damage by a peril insured against to the insured's covered property. Business interruption insurance is tied directly to a first-party property policy's coverage for physical damage to the insured's property. It is not standalone coverage and its purpose is not to compensate the insured for any and all negative effects on its business that may result from a covered peril.

Read the entire article using the link under Key Points.

February 21, 2020 PublicationCivil Authority and Ingress/Egress Coverage

The devastation wrought by Hurricanes Harvey,Irma, and Maria in 2017 left many businesses damaged...

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April 09, 2018 PublicationHARVEY AND IRMA: CIVIL AUTHORITY AND INGRESS/EGRESS COVERAGE

Hurricanes Harvey and Irma have struck the United States causing damage to businesses.  Companies have lost income because their facilities were physically damaged by wind and/or water.  Some businesses may not have been directly damaged but have lost income because they could not access their operations for a period of time due to a government evacuation order and/or water in the area.  If a company’s facilities were not physically damaged, but they could not access their operations, there might be coverage under an insurance policy under civil authority and/or ingress/egress coverage.  This paper will provide an overview of such coverages.

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January 10, 2017 PublicationDON'T WIN THE BATTLE AND LOSE THE WAR: PRESERVING ERROR FOR APPEAL (AND WHY YOU NEED AN APPELLATE LAWYER)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not preserved for appeal.

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April 27, 2016 PublicationRECENT DEVELOPMENTS IN PROPERTY INSURANCE COVERAGE LITIGATION

Given the extreme weather that is affecting most of the country and the El Nin˜o that is expected in 2016, the issues in these cases, as well as other property insurance issues, are likely to arise in different contexts in numerous jurisdictions going forward. This article has cases on a broad range of property insurance disputes across the country.

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February 10, 2016 PublicationClarifying the Standard Employee Exclusions in Commercial Automobile Policies

Motor carriers run the gamut from single owner-operators making purely intrastate hauls to large companies operating hundreds of tractor-trailers making long interstate hauls. Whether large or small, however, all motor carriers have several incentives to treat the drivers of their trucks as independent contractors instead of employees.

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