Robert Law Group

If your business experienced a substantial amount of net income loss during COVID, it’s imperative to ask an insurance lawyer to review your commercial policy. My firm currently represents over 60 high-end restaurants and hotels across the U.S., all of which came from referrals by former clients and friends. If you’ve been debating whether to file an insurance claim on behalf of your business (including gyms, medical centers, bars, dentist offices and restaurants), e-mail us your policy and we’d be happy to review it to see if we can help.

Ironically, businesses that continue to delay making a claim are actually creating a potential bar to their own recovery, since many policies (restaurants in particular) contain 60/90-day deadlines for an insured to notify its carrier of potential losses. This coverage problem is highlighted by a survey recently conducted by the Iowa Restaurant Association, where approx. 70% of Iowa’s restaurants and bars are covered by business interruption insurance policies. However, 99% of those with policies have not yet received any payments. And nearly HALF of those business owners with BI policies were advised by their agents to not even file a claim "because it would be denied." Only 36% of survey respondents with coverage said they filed a claim and it had been denied (another 15% were waiting to hear the status of their claim).

Commercial policyholders shouldn't assume their lost income during COVID (stemming from local county orders) is excluded, even if the term "virus" appears in their policy. Some courts have previously refused to enforce exclusions when policyholders proved insurance industry members misrepresented their "form" exclusions to state regulators relating to pollutants and contaminants--every policy and jurisdiction is unique. While many of these claims will undoubtedly present uphill coverage battles against well-funded carriers, it makes victory all that much sweeter in the end.

https://societytexas.com/texas-women-to-watch-2019-aimee-robert/

Texas Women To Watch 2019: Aimée Robert of Robert Law Group and Co-Counsel, Inc - Society Texas Aimée Robert, Attorney at Robert Law Group and Founding Member of Co-Counsel, Inc shares on her career mission, her community impact and more.