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Covid 19 Insurance Claims
COVID-19 insurance coverage articles written over the past several weeks are a mixed bag. Some articles paint an optimistic picture, where coverage is a possibility or a certainty, whereas others make coverage sound as unlikely as returning to the office before May Day.
However, the latter group should tread lightly as New York courts have made clear that insurers are liable for any consequential damages they cause by improperly denying or delaying payment under property damage and business interruption policies, even in the absence of bad faith. Thus, insurers must carefully analyze every situation, consider deciding close calls in favor of their policyholders, and do whatever they can to get covered dollars in their policyholder's hands as soon as possible.
In Bi-Economy, a policyholder alleged that it was entitled to consequential damages because its insurer improperly delayed coverage under its property damage and business interruption coverage after a fire damaged its facility. The policyholder further alleged that its insurer's inaction ultimately led to the collapse of its business.
The trial court dismissed the claim, and the Fourth Department affirmed, because "the insurance policy expressly excluded coverage for consequential losses, and thus it cannot be said that consequential damages were contemplated by the parties when the contract was formed."
"The very nature and purpose of those policies — to receive coverage promptly in the wake of a covered event so that businesses can "get back on [their] feet as soon as possible."
The Court of Appeals reversed. Taking a cue from the 1854 decision in Hadley v. Baxendale, the court held that the insurer, the breaching party, "is liable for those risks foreseen or which should have been foreseen at the time the contract was made." The court found that the policy's consequential loss exclusion precluded coverage of consequential loss under the policy but did not bar significant loss claims against the insurer for breaching the policy.
The court remarked that the critical element, and perhaps the only element, is foreseeability — not bad faith. And, that with property damage and business interruption policies, consequential damages are inherently foreseeable because, as the Bi-Economy court noted, the very nature and purpose of those policies — to receive coverage promptly in the wake of a covered event so that businesses can "get back on [their] feet as soon as possible" — is enough to satisfy the foreseeability element.
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| true or false by law a health insurance plan must cover work-related injuries |
| to be valid an insurance policy must have all of the following except |
| a life insurance policy wagering contract must be |
| long-term care insurance must be sold using what type of approach |
| p&c insurers predictive modeling is a must |
| in florida monthly-premium health insurance policies must provide a grace period of at least |
| to sell variable life insurance policies an agent must receive all of the following except |
| within how many days of requesting an investigative consumer report must an insurer |
| under a group plan certificates of insurance must include all of the following except |
| for those individuals who opt not to purchase a nonforfeiture benefit insurers must offer |
| if your driver license and license plates were suspended for not having insurance under the florida no-fault law you must |
| all of the following provisions must be included in life insurance policies except |
| most often an insurance deductible must be fulfilled |
| an eligible individual who would like to obtain group health insurance without providing evidence of insurability must |
| in order to qualify for disability insurance under social security a person must be |
| a producer agent must do all of the following when delivering a new policy to the insured except |
| which of the following provisions must be included in a long-term insurance policy |
| a long-term care insurance shopper's guide must be provided in the format developed by the |
| how often must life insurance surplus be distributed to policyowners |
| in order for coverage on a non-medical insurance application to take effect the same day the producer must collect a signed application and |
| an insurer must notify an applicant for ltc insurance within |
| a montana state court can exercise jurisdiction over endurance insurance corporation an out-of-state defendant but the defendant must have |
| when must an outline of coverage be given to a prospective applicant for long-term care insurance |
| to attain currently insured status under social security a worker must have earned |
| how often must domestic insurance companies be examined by the chief financial officer in florida |
| after an insured gives notice of loss what must he/she do if the insurer does not furnish forms |
| in order to qualify for long term care insurance a person must be unable to perform |
| cobra of 1985 provides that a company with 20 or more employees must provide extended healthcare insurance to terminated employees for up to |
| anytime you renew your car insurance fail to renew it cancel it or the insurance company cancels it the insurance company must notify |
| insulating equipment must be inspected for damage |
| in order to reinstate a life insurance policy the insured must do all of the following except |
| upon delivery of a rated life insurance policy the producer must obtain each of the following except |
| a corporation llc partnership must have e&o insurance for entity and employing broker |
| at a minimum partnership-qualified long-term care insurance policies must be issued as |
| must i insulate pex tubing |
| when must an outline of coverage be delivered to a prospective ltc insurance policyholder |
| when an insurer terminates an agent's appointment the insurer must do all of the following except |
| when an insurance company requests an attending physician's report the request must be accompanied by a |
| in order for an insurer to legally transact insurance it must obtain which of the following |
| when previously cooked refrigerated food is being re-heated for serving what temperature must be reached to insure safety |
| what is the minimum number of activities of daily living adl an insured must be unable to perform to qualify for long term care benefits |
| what must the policyowner provide to the insurer for validation that a loss has occurred |
| what is the amount of money that the policy holder must pay before the insurance company will reimburse an insured loss |
| in florida insurance 30days must respond |
| in order to take out a life insurance policy on the life of another you must quizlet |
| long term care insurance policies must cover which of the following quizlet |
| in new york how must all medical expense health insurance sold to be rated quizlet |
| insurance policies typically stipulate a deductible amount which the insured must shoulder |
| when must insurable interest exist in a life insurance policy quizlet |
| by law a health insurance plan must cover work-related injuries quizlet |
| how much advance notice must an insurance company give that it intends not to renew your coverage |
| sorn vehicles must be insured |
| answers.com if your driver license and license plates were suspended for not having insurance under the florida no-fault law you must |
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