Pardon The Interruption, Again

Coronavirus Business Interruption, Part 2 Written by Jean Pierre Nogues As we noted in an earlier release, some business interruption insurance policies may provide coverage for some COVID-related losses.  While a few policies expressly cover such losses arising from viruses and epidemics, most are triggered by property damage at your place of business, near you, or at your suppliers’ and/or customers’ locations.  Two possible impediments … Continue reading Pardon The Interruption, Again

Coronavirus Business Interruption

Written by Jean Pierre Nogues and Daniel M. Hayes

Escalating health concerns, governmental restrictions, empty shelves at retailers, supply chain disruptions, and wild gyrations in the financial markets.  The COVID-19 virus and steps taken to reduce its spread are impacting more businesses in more ways each day.

In order to put yourself in the best position to weather this storm and recover as quickly as possible, it is vital that you consider and fully understand the defenses you or your business partners may have under your contracts, and whether you have any insurance coverage for your COVID-19 losses. Continue reading “Coronavirus Business Interruption”

COVID-19 and the Trade Community

COVID19, Coronavirus disease, corona virus, Concept Picture about epidemic in the World
Photo Credit: istock.com/AlxeyPnferov

By Susan Kohn Ross

There are a bunch of other things going on when it comes to international trade, but the most concerning topic right now is the coronavirus or COVID-19. From a purely business continuity perspective, we are receiving lots of inquiries around the following question: “Can we get out of our contracts by invoking the force majeure clauses?” Such a clause allows parties to cancel contracts when events occur which are both beyond their control but also totally unexpected. A typical illustration would be an “Act of God.” First, make sure your contract includes a force majeure clause, because if not, that could present a significant uphill and costly battle. Given the widespread losses which are likely to result, it is reasonable to anticipate companies of any size will, so to speak, “stick to their guns” in trying to “spread the pain.”

Assuming such a clause is present in your contract, what does it say? An example of one recently presented includes among its examples: “… strikes, riots, floods, storms, earthquakes, fires, power failures, natural disasters, pandemics, insurrection, acts of God, or for any cause beyond the control of” the named party. Is that language sufficient to permit cancellation under the current circumstances of the COVID-19 outbreak? Probably so, since it mentions pandemics and the World Health Organization has labeled the outbreak as such, but would this language have been broad enough to cover the situation a month ago? Maybe not. Continue reading “COVID-19 and the Trade Community”