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COVID-19, Coronavirus Business Interruption Insurance Claims

Nearly all segments of industry have been hit hard by the COVID-19 Coronavirus. Despite some early intervention by the government, small businesses have been hit with massive financial losses, and many will go out of business. Before the pandemic hit, some business owners bought insurance policies to recover lost income in the event that the business was unable to operate. These policies are often referred to as Business Interruption Insurance policies. If your business has been hit by an interruption and financial loss, the Business Interruption lawyers at Mirick O'Connell may be able to help.

Business Interruption Insurance policies are complex, and there are many types of loss that the policies will cover, and other claims where there will be no coverage. Unfortunately, we are already seeing insurance companies denying payment on many of these claims, where business owners thought they were covered. If your business is insured, you should talk to the Business Interruption Insurance lawyers at Mirick O’Connell before you make a claim.

How can an Insurance Company Claim They Do Not Need to Pay?

Every insurance policy has “exclusions,” or certain types of claims that the insurance company is not responsible to pay. On Business Interruption Insurance claims relating to COVID-19, insurance companies will point to the language in the policy that excludes claims arising out of a virus or bacteria. When insurance companies deny paying your business’s claim based on this language, you need an attorney on your side. Insurance policies are notorious for their confusing, seemingly contradictory language. However, since it is the insurance company who wrote the policy, courts will universally find that if there is any ambiguity as to whether there is coverage, the benefit of the doubt will go to the policyholder, or insured- not the insurance company.

Insurance companies may also deny claims based on language in policies which says that there must be a “suspension of operations” in order to make a claim, and that the suspension must result from actual physical loss or damage to property. Insurers are now claiming that when a premises is infected with COVID-19 Coronavirus, there is no actual damage or loss to property. We push back in the strongest way possible against that argument and believe that when COVID-19 particles are on property, the particles damage that property.

If I Prove My Case, How Much Money can My Business Receive?

If an insurance company accepts a Business Interruption Insurance claim, policy holders should be entitled to all benefits due under the policy. As an initial matter, these policies provide that business owners may recover lost business income (before taxes), along with continuing normal operating expenses, including payroll. The amount due can quickly become very large, but you should not count on an insurance company to pay all benefits due just because you ask them.

Business insurance policies may also contain a provision called “Civil Authority Coverage.” This coverage provides that if the government, or another agency shuts down a business, the policy holder can recover lost income. This may be another avenue for business owners to recover money, but the insurance policy may limit the amount the insurer is responsible to pay to 21, 30, or 60 days loss.

Why is Mirick O’Connell the Best Fit to Handle My Business Interruption Insurance Claim?

At Mirick O'Connell, we are in a unique position to advocate for business owner clients who are making these claims. Our personal injury attorneys have decades of experience in fighting with insurance companies who attempt to escape their obligations under an insurance policy. In addition to personal injury lawyers, we have attorneys who focus on insurance coverage matters. Our insurance coverage attorneys are highly skilled at reviewing these dense insurance policies, and claiming all benefits that policy holders or entitled to.

Many law firms have good insurance coverage attorneys OR good personal injury attorneys. Mirick O’Connell has both.

Discuss Your Case with a Mirick O’Connell Business Interruption Insurance Lawyer Today

If your business has suffered a COVID—19 Coronavirus loss in Worcester, Massachusetts, or anywhere else around the country, the Massachusetts COVID-19 business attorneys at Mirick, O’Connell, DeMallie & Lougee can help. We have brought Business Interruption Insurance claims for people in Worcester, Framingham, Springfield, Boston, Cambridge, Somerville, Newton, Fitchburg, Leominster, Lowell, Lawrence, and throughout Massachusetts. We can also handle cases in Maine, New Hampshire, Vermont, Connecticut, and Rhode Island. Please contact us at 800.862.9588, or use our online form to speak to one of our Business Interruption Insurance attorneys today. We will show you what it means to fight the big corporations with a big law firm.

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