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Events

The California Wildfires: A candid discussion on the three C’s – Coverage, Claims and the effects on the CAT market

  • Organizer: Anderson Kill and NY RIMS Chapter
  • Location: Anderson Kill New York Office (7 Times Square, 5th Floor, NYC)
  • Date: April 17, 2025
  • Time: 05:30 PM-08:30 PM

Register: https://youtu.be/_YMV2GbvKV0

This session will address the business interruption coverage available for losses caused by smoke, evacuation orders, power outages and  other disruptions affecting businesses across Los Angeles from the recent wildfires.  Business interruption coverage typically is triggered by “direct physical loss or damage” to property, and courts consistently have held that smoke, soot and ash trigger property and business interruption coverage.  This was confirmed several months ago when a Federal District Court in San Francisco held that smoke from 2017 wildfires in Napa caused “physical loss or damage” to nearby restaurants that triggered their business interruption coverage.  Bottega LLC. v. National Surety Corporation.  Rejecting the insurance company’s citation to COVID-19 decisions concluding that COVID at a premises did not trigger coverage, the Bottega court held: “Whereas a virus is more like dust and debris that can be removed through cleaning, smoke is more like asbestos and gases that physically alter the property.”   In addition to business interruption coverage, the presenters will discuss other standard extensions of coverage that could apply, such as contingent business interruption, civil authority, service interruption, attraction property coverage and others, as well as tips in working with insurance companies in presenting such claims.

SPEAKERS:

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