The Impact of COVID-19 on Business Interruption Litigation Webinars
Webinar
Tuesday, June 08, 2021
PART 1: ANALYZING THE POLICIES AND KEY STRATEGIES
2:00 - 2:05 p.m.
Welcome Announcements
2:05 - 2:25 p.m.
Insurance Policy Analysis
- Making claims to comply with policy requirements
- Claim language analysis
- Insurance commissioner submissions/policy change forms
- Disclosures and ambiguities
2:25 - 3:05 p.m.
Strategies for Effective Business Interruption Case Representation
- Intake questionnaires
- Evidence needed to show direct physical damage and loss
- Responding to recorded statements
- How to prove damages and loss of business income
- Virus exclusion vs. no-virus exclusion
3:05 - 3:30 p.m.
Do You Need a Virologist to Prove Your Case?
- Three broad areas of testimonies
- Presence or imminent risk of harm
- Causes based on property damage
- Causes based on suspension of business activity, losses, and expenses
- Contamination and loss of use
3:30 - 3:45 p.m.
Question & Answer Session
Tuesday, June 15, 2021
PART 2: RECENT DECISIONS AND TAKEAWAYS
2:00 - 2:05 p.m.
Welcome Announcements
2:05 - 2:45 p.m.
The Impact of COVID-19 Coverage Decisions
- Recent Decisions Nationwide
- Analysis of motion practice
- Why courts ruled certain ways
- What are the takeaways?
- State Decisions
- Reasons to stay in state court
- Class action claims – cases to follow
- Pending appeals
2:45 - 3:15 p.m.
What Lessons Can We Learn?
- Selecting Cases—specific policy language or losses (to look for?)
- Drafting Complaints—language and claims to survive motions to dismiss
- Responding to Dispositive Motions—comparing national successes
3:15 - 3:30 p.m.
Question and Answer Session
