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Direct physical loss

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COVID-19 insurance: closure orders are not physical loss (USA)

Photo of Donald Dinnie
By Donald Dinnie on August 25, 2020

An American court has confirmed that government shutdown orders did not constitute ‘direct physical loss’ that would trigger an indemnity under the commercial insurance held by a group of restaurants (in Rose’s 1 LLC et al v Erie Insurance Exchange).

The court said that:

  • insurance policies are to be enforced in accordance with the

…

Posted in Insurance

Damaged premises not covered for aesthetic improvements

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on November 25, 2015

Although the carpets, wallpaper, woodwork and other items were not damaged in a water leak event, the insured claimed the cost of replacing them to achieve “aesthetic uniformity” with other components of the building repaired or replaced by the insurers. A Florida court held that the amounts were not claimable from the insurers because they…

Posted in Insurance

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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