As the novel Coronavirus pandemic unfolds, businesses are experiencing massive disruptions to their operations, as well as potential exposure to claims from counter-parties, customers, and others. Various types of business insurance policies may respond, depending on policy language and the particular facts on the ground pertaining to a loss. First-party insurance policies may offer “communicable disease” or similar coverage to defray the costs of decontamination, and/or coverage for protection and preservation of property, business interruption, shut-down or slow-down resulting from government-ordered restrictions, loss resulting from COVID-19’s impact on other “dependent” businesses up and down the supply chain, and other loss. Event cancellation coverage may also be available. Shipping and transport-related loss may also be covered under certain policies. Coverage may depend upon resolving certain threshold issues, such as what constitutes covered “physical loss or damage” under these policies; the scope and interpretation of certain virus-related exclusions; and technically challenging issues relating to loss measurement.
While some insurance industry representatives have expressed skepticism that Coronavirus-related claims will be covered under business interruption
policies, the situation is currently in flux, and all potential paths to insurance recovery should be carefully scrutinized. This program, taught by Benjamin Tievsky, an insurance recovery attorney with Pillsbury Winthrop Shaw Pittman LLP in New York, walks participants through a common insurance policy in order to discuss various scenarios to which business insurance may respond and provides practical tips for policyholders in these unprecedented times.
Benjamin D. Tievsky is Counsel in the Insurance Recovery and Advisory Group at Pillsbury Winthrop Shaw Pittman LLP, based in the firm’s New York office. He represents policyholders exclusively in insurance coverage matters involving general and excess liability, cyber exposures, environmental liabilities, director and officer claims, and first party losses involving property damage and business interruption.
Mr. Tievsky has represented insureds in an array of industries, including public utilities and companies in the natural resources, pharmaceutical, transportation, entertainment and technology spaces. Among other types of claims, he has helped policyholders obtain coverage for federal- and state-mandated environmental investigation and remediation. Additionally, he has significant data breach counseling experience, assisting victims of cyber-attacks in all aspects of claim-building, negotiation and, when necessary, litigation. He also closely follows insurance-related developments in the legal cannabis industry and has cultivated expertise in this rapidly growing and evolving field.
Prior to law school, Mr. Tievsky pursued doctoral studies in Jewish and Greco-Roman law in late antiquity.
Very interesting, clear, and informative.
Loved key take aways at the end of the course
Very good! PLEASE UPDATE as cases have now been considered and decided with regard to coverage for coronavirus under business interruption insurance.
Great timely program
professional VO at end.
Very timely and helpful topic!
An interesting look at insurance in a pandemic situation. Well done.