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If Your Business Lost Money Due to COVID-19, Consider Filing A Business Interruption Claim

02.19.2021

Over the past year, there has been considerable litigation related to the COVID-19 pandemic and whether insurers are responsible for providing coverage on pandemic-related business interruption claims.

Since business interruption claims don’t typically cover pandemics, and trial court hearings on the matter have largely ruled in the insurers’ favor, many business owners are left to wonder whether filing a business interruption claim is a viable option.

However, one small business victory serves as a reminder that submitting a claim is still important. A Missouri state court recently awarded insurance coverage to Ja Del Inc., operator of Jack Stack Barbecue Restaurants, after declaring that the language in their Zurich Insurance Group policy was ambiguous and, therefore, that their business interruption claim was covered.

In light of this ruling, we still recommend filing a business interruption claim if your business has lost money due to the COVID-19 pandemic.

According to Bill Goddard, Director of Insurance Consulting, determining coverage for loss or damages will depend on the language in the policy and its interpretation. Every insurance policy is slightly different; while some policies may not allow for coverage, others may be eligible.

In a 2020 article, Bill highlighted the importance of preparing and filing a claim. Before filing, he recommended calculating the amount of profits lost and continuing expenses to ensure that you maintain accurate and up-to-date business and financial data.

If you need assistance reviewing your insurance policy or filing a business interruption claim for COVID-19, contact Bill Goddard, Director of Insurance Consulting, at 314.983.1253 or bgoddard@bswllc.com.

If you have questions about calculating damages or financial losses for your business, contact Jason Buhlinger, Partner, Transaction Advisory and Litigation Support Services, at 314.983.1310 or jbuhlinger@bswllc.com.

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