Category: Commercial Property

Time to Make Government Action Exclusions More Equitable?

If your car is stolen and not recovered for months or longer, your auto policy likely pays for the ACV of your vehicle. However, if the thief commits a crime and your auto is confiscated for the months or longer required to try the case, your loss is excluded. Property policies have similar “government action” exclusions. Is it time for a change?

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What Does “Direct Physical Loss Of Or Damage To Property” Mean?

In a recent COVID-19 business income lawsuit, the court opined that direct physical “loss of” property could include “loss of use of” that property. This is an erroneous reading of the policy form and certainly not the intent of the insurance contract. This article explains why that is and links to a more detailed discussion that refutes this interpretation.

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Why Insurance Doesn’t Cover the COVID-19 Pandemic

THE Definitive and Conclusive Analysis of Why Insurance Doesn’t Cover Pandemics. is now available on presale at This book by one of the industry’s foremost P&C insurance coverage experts, author of “When Words Collide: Resolving Insurance Coverage and Claims Disputes,” explains why potentially trillions of dollars of COVID-19 business interruption losses should not, can not, and are not covered by insurance.

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Insurance Issues in the News

While I’m working on my new book “20/20 Vision: Why Insurance Doesn’t Cover the COVID-19 Pandemic,” I thought I’d take a quick break and make a blog post. Recent news accounts reminded me of a couple of articles I’ve posted and in this post, I link to two of them. One is about this week’s anniversary of 9/11 and the other is about a coverage gap you may not have considered that has arisen following recent riot damage.

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The 180-Day ACV vs. RC Notice Myth

Property policies written on a replacement cost (RC) basis, both personal and commercial lines, usually have a provision that the insured can collect on an ACV basis, then advise within 180 days that they intend to exercise their right to a RC recovery. But what happens when the insured doesn’t discover damage (e.g., from hail) until 180 days after the loss or damage (e.g., the hail storm)?

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