COVID-19 is clearly having, and will continue to have, a lasting impact on the securities industry. The pandemic has now negatively impacted almost all industries, some more than others. Airlines, hospitality, restaurant, oil, and general retail businesses have suffered inordinate losses. But just because the market at large has suffered, does not mean that you should have suffered comparably. In fact, depending upon your age, net worth, and risk tolerance, you may have needlessly suffered altogether.
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WILL BUSINESS INTERRUPTION INSURANCE COVER MY BUSINESS FOR LOSSES SUSTAINED FROM THE CORONAVIRUS PANDEMIC? This analysis begins, of course, with the assumption that you have an insurance policy which provides some type of “business interruption” coverage, either through the main policy, or an endorsement thereto, for business losses sustained from a covered event. If a policy exists which includes this coverage, interpreting the language in question will be critical. Sometimes the language is clear, sometimes not. Ambiguities in the policy are customarily construed against the insurance company.
As the world wrestles with the medical and social issues of how to deal with the COVID-19 pandemic, the legal and financial aftermath looms perhaps even larger. Eventually, medicine, governmental intervention, and the public spirit will defeat the disease hopefully within weeks or months, but the effects on our lives, businesses, and investments could last considerably longer. Byrd Campbell—whose motto “Byrd Campbell Means Business” embodies our mission—is a law firm dedicated to serving businesses. Already our clients have raised concerns about the unfolding but unfathomable consequences of how COVID-19 has turned or will turn their business lives upside down. Over the coming days, the firm will publish a series of blog posts addressing those issues looming on the horizon, identifying the points of consideration, and offering possible solutions. The first Byrd Campbell blog installment addresses the question: