Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy

Florida has come out with an appellate opinion dealing with business interruption and COVID-19 under a commercial property insurance policy. In this matter, a restaurant/bar filed suit against its commercial property insurance carrier seeking declaratory relief that the policy covered its “business income losses it suffered when its suspended its operations during the COVID-19 pandemic.” Commodore d/b/a Greenstreet Café, Inc. v. Certain Underwriters at Lloyd’s London, 47 Fla.L.Weekly D1044a (Fla. 3d DCA 2022). The commercial property insurance policy at-issue did not contain a virus exclusion. During the COVID-19 pandemic, Miami issued emergency measures impacting the occupancy of businesses. Such measures ordered certain...

29 August

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Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages

Posted by David Adelstein

in Trial Perspectives

Lawsuits are an inconvenience. They just are--no doubt about it. You have to devote time and resources, both of which you would prefer to allocate to another endeavor. However, while your time is valuable, this does NOT mean you can recover an inconvenience factor associated with your lawsuit. In a recent case, P&G Trucking of Brandon, Inc. v. Riverland Hedging & Topping, Inc., 45 Fla. L. Weekly D2023a (Fla. 4th DCA 2020), a truck struck and damaged a tractor and citrus topper. The owner of this damaged machinery sued in negligence for property damage in addition to its lost profits,...