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The Midwest is experiencing record-breaking flooding this year, bringing back memories of the devastating and costly floods of 1993.  Without a doubt, business losses and business interruption claims will be substantial.  This post explores when an insured might have coverage for business interruption even if it does not incur significant flood-damage to its own property.  As with any coverage claim, the merits will depend on the specific language in the policy and the specific circumstances of the claimed loss.  But, here’s a rundown of some common policy provisions and issues to keep in mind.
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The CDC estimates that 1 in 6 Americans get sick from contaminated foods or beverage each year, and that 3,000 people die, resulting in total food-borne illness costs of more than $15.6 billion dollars each year. Those numbers are not surprising when food recalls seem to be an almost weekly occurrence, with salmonella-tainted foods prominently…

Excess insurance plays a vital role in mitigating the risk of large losses, but excess insurers often contend they have no obligations and are entitled to sit on the sidelines of a lawsuit against their policyholder until underlying insurers have fully paid their limits.  This position harms policyholders, particularly when settlement of a lawsuit requires…

UPDATE on May 23, 2018: Yesterday, ALI voted to approve these rules and many more contained in a 488-page document containing guidelines intended to aid courts in resolving coverage complex disputes. It remains to be seen how and whether courts across the country actually follow these guidelines. Lathrop Gage will be following the effect of …