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Insurance,
Civil Litigation

Jul. 22, 2020

French restaurant wins business interruption claim; ruling sparks settlements

Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful as one French restaurant, and the ruling is leading to more settlements.

William M. Shernoff

Senior and Founding Partner
Shernoff Bidart Echeverria LLP

301 N Canon Drive
Los Angeles , CA 90210

Phone: (909) 621-4935

Email: wshernoff@shernoff.com

Mr. Shernoff is a nationally recognized trail blazer who has been called the pioneer of insurance bad faith after persuading the California Supreme Court to establish new case law that permits plaintiffs to sue insurance companies for bad faith seeking both compensatory and punitive damages (Egan v. Mutual of Omaha). He has since continued to obtain significant verdicts and court decisions which have shaped this area of law as well as written three books and roughly 100 articles on the topic of insurance bad faith.

Due to COVID-19, there have been hundreds of business interruption claims filed throughout the world. Almost all have been denied by a variety of insurance carriers citing exclusions in their policies. The typical policy at issue in these cases is known as an "all-risk" policy, which automatically covers any risk that the contract does not specifically exclude. The question of whether a "pandemic" had to be specifically excluded arose recently in a French court in Par...

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