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Four Tips for Bringing a Business Interruption Claim in Florida

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As of April 28th, the Florida Department of Health reports that 33,193 COVID-19 cases have already been confirmed in the state. Unfortunately, the outbreak is still expected to last for several more weeks, maybe longer. At this point, many businesses have been restricted (or even closed) for multiple weeks.

If your company has been adversely affected by COVID-19, you may be considering making a business interruption claim through a commercial insurance policy. Here, our Miami business litigation lawyers offer four tips to help you prepare a coronavirus-related business interruption claim.

  1. Review Your Policy, Know the Terms

One of the primary challenges for companies that are considering a business interruption claim for coronavirus-related damages is that many policies implicitly or explicitly exclude coverage for financial damage caused by a pandemic. Depending on the specific terms of your policy, it may be difficult to get compensation.

Be sure to carefully review the terms and language of your policy—so that you can build your claim in a manner designed to meet all relevant requirements. While not all affected companies will be able to recover compensation through a business interruption policy, you may be able to get some benefits through your insurance coverage. 

  1. Strictly Comply With Notification Procedures and Other Deadlines

Commercial insurance policies are subject to deadlines and strict notification requirements. The last thing you want to do is to run into problems because you missed a deadline. Make sure you review your policy to determine your obligations. Generally, companies have a duty to notify their insurer relatively shortly after suffering a covered loss. Do not skip by the notification procedures. 

  1. Carefully Organize Evidence of Loss

Ultimately, all successful business interruption claims are built on a reliable foundation of supporting evidence. The more evidence you have, the easier it will be to get your claim approved by the insurer. Among other things, this means documenting the damage, documenting losses, and proving business performance before, during, and after the COVID-19 pandemic.

 Be Ready to Seek Professional Support

At the end of the day, large insurance companies are primarily interested in protecting their own bottom line. The insurer does not get to make the final decision on a business interruption claim. If you feel like your claim was wrongfully denied or if you believe that it was substantially underpaid, you should consult with an experienced Florida business lawyer. Do not give up: You have the right to file an appeal. An attorney can review your case and help you explore every option for accessing the compensation you need to support your business.

Call Our Florida Business Lawyers Today

At Pike & Lustig, LLP, our Florida business law attorneys are committed to protecting the rights and interests of our clients. We can help you bring a business interruption claim. Call us now for a strictly confidential review of your case. From our offices in West Palm Beach and Miami, we serve businesses throughout Florida, including in Fort Lauderdale, Hialeah, Boca Raton, Miami Beach, and Coral Gables.

Resource:

floridahealthcovid19.gov/

https://www.turnpikelaw.com/4-unintended-consequences-of-invoking-the-force-majeure-clause-in-the-covid-19-era/

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