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Emerging Trends in Insurance Coverage Litigation

August 18, 2022 Salvatore Padula News

Litigation Attorney Salvatore Padula Breaks Down Trends in Insurance Coverage Litigation

SAN DIEGO (Aug 18, 2022) – After the pandemic and associated government regulations caused significant economic disruptions and losses across the nation, business owners’ efforts to obtain relief from the financial burden of the pandemic included seeking insurance coverage for their losses. Making claims for property losses is never a simple process, and COVID-19 raised a slew of new questions and challenges related to such coverage.

A common target of such efforts has been coverage under commercial property insurance policies for loss of income caused by physical loss or damage to the insured’s premises, and/or “Civil Authority” coverage to recover income lost as a result of COVID-19 related government shutdowns. Not surprisingly, insurers have resisted such claims. Business interruption coverage is often a subset of general property insurance policies. Typically, coverage under standard business interruption policies is only triggered by physical damage to insured property caused by a covered peril resulting in a quantifiable business interruption loss. Much of the dispute over business interruption coverage for COVID-19 losses has revolved around the interpretation of the “direct physical loss of or damage to” language of the insuring clause.

In a recent article, Salvatore Padula, an associate attorney at CGS3, examines emerging trends in insurance litigation in the aftermath of the COVID-19 pandemic. 

The full article can be read in The Daily Journal here (subscription required).

About Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3)

CGS3 is a new generation commercial real estate law firm with practice areas covering the full commercial real estate life cycle, including finance, acquisition/disposition, entity formation, tax, development, land use, leasing, distressed asset workouts and dispute resolution. Earning a reputation as one of California’s leading commercial real estate law firms, CGS3 has recruited some of the state’s top real estate attorneys from both large corporate firms and senior in-house positions. CGS3 is located at 12750 High Bluff Drive, Suite 250, San Diego, California 92130 and 10940 Wilshire Boulevard, Suite 2200, Los Angeles, California 90024. For more information, visit http://www.cgs3.com.

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