Policyholders Digging for ISO Documents to Support COVID-19 Business Interruption Claims
Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders.
Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to order the Insurance Service Office to produce documents relating to its 2006 regulatory filing that created a standard-form virus exclusion. A Tampa-based policyholder attorney known for his frequent blogs and webcasts has filed similar requests and he is urging other plaintiffs attorneys to subpoena ISO as well.
“We cannot allow insurance defense attorneys to argue out of coverage that their clients’ own internal manuals and documents show exist,” Chip Merlin wrote in a May 19 post on his Property Insurance Coverage Law Blog.