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Edward F. LeBreton, III

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Bret LeBreton can be reached at elebreton@joneswalker.com or 504.582.8754.

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In a recent case, Judge Barry Ashe gave a thorough summary of the Louisiana law for claims against insurance brokers for failing to obtain coverage for COVID-19 government mandated shutdowns. B&P Rest. Grp., LLC v. Eagan Ins. Agency, 2021 U.S. Dist. LEXIS 88330 (E.D. La. May 10, 2021).

The case is instructive for both insureds and brokers because it emphasizes the need for a clear statement by the insured of what coverage it is requesting and a clear statement by the broker of what coverage it has obtained.…

Continue Reading Insurance Brokers and COVID-19 Shutdowns

In light of the widespread effects of the coronavirus, there are several possible claims under business insurance policies that business owners should consider.

Commercial all-risk property policies and inland marine policies generally require direct physical loss or damage to the insured property as a prerequisite to business interruption coverage. Depending on policy language, there may be an argument that if the presence of the virus on the insured’s property renders the property unusable, the requirement for physical loss or damage may arguably be satisfied. On the other hand, if the use of the property is limited only because of the presence of the virus in the community, there generally would not be a physical loss or damage.…

Continue Reading The Coronavirus and Business Insurance