NEW APPLEMAN ON INSURANCE BUSINESS INTERRUPTION INSURANCE: A Resource in the Aftermath of Hurricane Sandy

Among the many types of insurance that can respond to the damage caused by hurricane Sandy and other widespread catastrophes, time element insurance may well involve the largest amounts of insurance recovery at stake.
Publisher: LexisNexis
Print Book :1 volume, softbound
$52.00
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In Stock
ISBN: 9780769864013
Publisher: LexisNexis
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This publication provides guidance to insurance coverage attorneys, representing either commercial policyholders or their insurers, in a critical aspect of insurance following a widespread catastrophe.

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.

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.

Table of Contents

General Purpose of Time Element Insurance 


Three Basic Forms of Time Element Coverage


Business Interruption Coverage


Extra Expense Coverage


Coverage Enhancements and Extensions


Special Exclusions From Business Interruption Coverage


The Period of Recovery


The Measure of Recovery


The Period of Recovery and the Quantum of Loss Are Issues of Fact