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UK COVID-19 Business Interruption Disputes Process May Offer Guidance to US Policyholders

By Jim Davis & Bradley Dlatt on July 6, 2020
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The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions. Meanwhile, the independent regulator of insurers in the United Kingdom, the Financial Conduct Authority (FCA), is trying to take a more organized and direct approach. Although the FCA indicated that it did not believe coverage existed for most claims for COVID-19-related losses, the FCA has identified the key language at issue in the various insurance policies, the universal or prevalent facts presented, and the legal questions posed. The regulator has announced an initiative to begin resolving these disputed claims by bringing a series of test cases in U.K. courts to answer these coverage questions. Though the test cases are being resolved under the law of the United Kingdom, the outcomes are likely to influence American courts that are grappling with many of the same issues under similar insurance policy language. Depending on the success of the test cases in streamlining these disputes in the U.K., U.S. policyholders may want to consider adopting a similar approach to fast-track their claims towards settlement.

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Photo of Jim Davis Jim Davis

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims…

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims to avoid litigation, and successfully prosecuting lawsuits in courts around the country.

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Photo of Bradley Dlatt Bradley Dlatt

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust…

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust litigation, environmental liability, data breach and cyber liability, commercial property damage, business interruption, employment practices liability, employee theft and dishonesty and intellectual property liability.

In addition, Bradley has experience in preparing case strategy, performing legal analysis, building factual records, managing document productions and privilege logs, engaging in written discovery, deposing fact and expert witnesses, preparing expert reports, briefing dispositive motions, settlement negotiations and drafting of settlement agreements and appellate briefing.

In his pro bono practice, Bradley has obtained a grant of asylum for an undocumented mother and child who fled to the United States after being threatened by gang violence in their home country and successfully prosecuted and settled a civil rights claim on behalf of an incarcerated offender.

Read more about Bradley DlattEmail
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  • Posted in:
    Insurance, Technology
  • Blog:
    Tech Risk Report
  • Organization:
    Perkins Coie LLP

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