Meeting Suit Limitation Deadlines for COVID-Related Business Interruption Claims

Anderson Kill Policyholder Alert

PUBLISHED ON: January 6, 2022

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Policyholders should ensure that they meet or extend the deadlines under the "suit limitation” provisions commonly included in property insurance policies.  Many suit limitation provisions require a policyholder to bring suit on a disputed claim within two years.  Exactly when that two-year period begins to run varies under different policy forms. It could be from the date the loss begins, from the notice of loss or from the date the insurance company denies the claim. As we approach the two-year anniversary of the pandemic, policyholders interested in preserving their right to pursue coverage for COVID-related business interruption losses should consult their policies and ensure that any suit limitation deadline is either met or extended in writing by the insurance company.

RHONDA ORIN is the managing partner of the firm’s D.C. office. She is also co-chair of the COVID Task Group. Rhonda represents policyholders in coverage cases nationwide, including cyber liability, third-party tort and environmental liability claims, first-party property damage and business interruption claims, directors & officers liability, errors & omissions liability, fidelity bonds and alternative risk transfer arrangements, including for employee benefit plans.

rorin@andersonkill.com
(202) 416-6549

MARSHALL GILINSKY is a shareholder in the New York office of Anderson Kill and practices in the firm’s Insurance Recovery and Commercial Litigation Departments.   Marshall is co-chair of the firm’s Sexual Harassment and Abuse Insurance Recovery Group, and a member of the firm’s Banking and Lending Group and Hospitality Industry Practice Group. During his 20-year career representing policyholders, Marshall has recovered hundreds of millions of dollars for his clients, successfully litigating disputed claims under a variety of insurance products, including property and business interruption insurance, commercial general liability (CGL) insurance, errors and omissions (E&O) insurance, directors’ and officers’ (D&O) insurance and life insurance.

mgilinsky@andersonkill.com
(212) 278-1513