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Building on their previous presentation, John Houghtaling, Richard Lewis, and Charles Miller share up-to-date information on business interruption coverage and related issues. They cover attacking and defeating the virus exclusion and responding to insurance industry defenses that the presence of the virus does not constitute physical loss or damage. The trio then expands into calculating business income loss or damage, and reviewing possible agent and broker liability. Houghtaling, Lewis, and Miller also have recommendations for responding to insurance company reservation of rights letters.
They conclude the program by reviewing current developments in federal and state legislation and coronavirus business income litigation, and describe the keys to developing a bad faith cause of action on issues related to COVID-19.