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Katherine Henry is the Chair of the Policyholder Insurance Coverage team. Katherine’s practice focuses on meeting clients’ business objectives in matters involving insurance.

States Look to Business Interruption Insurance Coverage to Save Small Businesses from COVID-19As COVID-19 halts commercial activity throughout the United States, states have jumped into action to preserve insurance coverage for small businesses. New Jersey led the way by proposing legislation requiring property policies to cover business interruption losses resulting from COVID-19:

“[n]otwithstanding the provisions of any other law, rule or regulation to the contrary, every policy

Beware of Insurers’ Attempts to Use Fear of COVID-19 to Deny CoverageAs COVID-19 leads to event cancellations worldwide, the insurance market is scrambling to minimize its financial exposure to event cancellation claims. Although we have seen event policies with COVID-19 exclusions and others with contamination exclusions that insurers will cite to deny coverage, many event cancellation policies lack these problematic exclusions. But insurers are turning to

Fifth Circuit Decision Excluding Coverage under Pollution Exclusion for Damage to Stream Caused by Rock FinesIn a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for the cost of removing the rock fines and defending a state law claim against the insured.

The insured, Eastern Concrete Materials,