New Appleman on Insurance, Business Interruption Insurance: A Resource in the Aftermath of Hurricane Sandy

1. This publication provides guidance to insurance coverage attorneys, representing either commercial policyholders or their insurers, in a critical aspect of insurance following a widespread catastophe.

2. This publication provides comprehensive and detailed guidance for insurance coverage attorneys, representing either commercial policyholders or their insurers, in a critical aspect of insurance following a widespread catastrophe: time element insurance. Here is a small sample of the coverage issues analyzed:

•   Whether the destruction or corruption of electronic data constitutes the physical loss or damage required to trigger business insurance coverage;

•   What business interruption claims can be made not conditioned on claims for damaged property;

•   Whether complete cessation of business is required;

•   What is included and excluded under extra expense coverage;

•   How the extent of contingent business interruption varies among different policies;

•   Causation issues in contingent business interruption coverage;

•   Whether exclusions in the property damage portions of the policy apply to the time element claims;

•   Applying idle period exclusion proportionally where non-covered concurrent cause of loss would have interrupted operations only partially;

•   Applying loss of market or contract exclusions in time element policies;

•   Issues as to the period of recovery such as its commencement and termination; choice of rebuilding, repairing or replacement; due diligence and dispatch requirement; extended recovery periods; and causation issues affecting the period of recovery; and

•   Measure of recovery issues such as the degree of consideration given to past experience; evidentiary issues; pre-loss projections of post-loss performance; consideration of post-loss market conditions; and continuing vs. non-continuing expenses.

3. Written by an acknowledged expert with over 20 years of experience in insurance coverage disputes , this publication provides guidance in the complex, high-stakes issues that arise in time element insurance.