Lawyers from insurance companies sometimes make arguments for trying to win their cases, which is not consistent with insurance methods and evidence found in insurance reference materials. If you think about it, how many real estate insurance lawyers have ever been trained as insurance adjusters or taken the time to learn how insurance companies work?
The answer is "not many." To overcome this lack of specialist knowledge and to be able to trace source material to better understand insurance, insurance management methods and processes and give us better chances to win our cases for our customers and win big, we hired what many call an insurance law librarian, Ruck DeMinico, for over 1
Ruck will do everything possible to find source insurance materials at specialized insurance libraries. He keeps it short and publishes specific information over the years so that we do not have to invent the wheel the next time a question comes up that needs to be investigated. He also collects briefs from other cases and lawyers so that we can learn arguments that have proven successful and avoid losing arguments. business interruptions are covered. It briefly noted the following:
Covid-19 is neither ghostly nor immaterial – it is real, and it is physical – and tragically ubiquitous and ever-changing. The plaintiff's business interruption was caused by the loss of use and access to their business premises from the virus and government orders. These orders in particular are undoubtedly a "physical loss" event. Patrons cannot venture inside the restaurant premises because they are physically dangerous and they have been banned from doing so. The risk of individuals falling victim to Covid-19 as they gather is so high that the North Carolina government was part of government orders that effectively closed unnecessary business premises. Defendant Cincinnati Insurance Company (& # 39; Cincinnati & # 39;) simply ignores the core business: as a direct result of the virus and government order (a physical trigger), the plaintiff has lost the physical use of its restaurants, resulting in a significant loss of business
This summary highlighted my argument that if the smell of cat urine is physical damage, Covid 19 is physical damage and can create physical loss:
Furthermore, there is also a large majority -Rule case claiming that a property affected by a odor alone has experienced "physical loss" enough to trigger insurance even without physical change or damage to the property itself. For example in TRAVCO Insurance Co. mot Ward 715 F. Supp. 2d 699, 709 (ED Va.2010), aff, 504 F. App & # 39; x 251 (4 Cir. 2013), the court found "direct physical loss" where a "home was made uninhabitable by the toxic gases" which was released defective plaster, regardless of permanent physical damage to the property itself. In another case, Gregory Packaging, Inc. v. Travelers Property Casualty Co ., No. 2: 12-cv-04418, 2014 WL 6675934 (DNJ 25 November 2014), the court found that ammonia emissions caused direct physical loss or damage to a manufacturing plant because ammonia physically made the plant temporarily unsuitable for occupancy despite the lack of any structural change. Here, the presence of Covid-19 – now allegedly airborne – creates an analogous physical loss in the plaintiff's restaurants.
Ruck DeMinico will be my guest this afternoon Tuesday at 2 With Chip Merlin . We will discuss what a good insurance reference library should contain and present suggestions for online materials that public adjusters can use in their practice. Here is the link for the afternoon session.