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Does Insurance Policy Cover Media Office COVID-19 Closure?
According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses.
The type of insurance claim at issue may make a difference. Is the insured claiming lost income due to suspension of operations resulting from damage to the insured's property? Is the insured claiming that the suspension of operations was caused by the order of a civil authority restricting access to the insured's property as a result of the pandemic? Was the insured's business impacted by the shutdown of a supplier's facility due to property damage or an order of civil authority? Or was the insured forced to cancel an event due to the pandemic?
But the central issue in dispute in the vast majority of these cases is whether or not an insured can demonstrate that the business interruption loss resulted from physical loss or damage to the insured's property. One of the first courts to weigh in on the issue — in the context of a media company's request for a preliminary injunction — recently sided with the insurer. Social Life Magazine (SLM) v. Sentinel Insurance Co. Ltd., 20 Civ. 3311 (S.D.N.Y. 2020).
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