“Legal Aspects of Egress and Ingress Restrictions As It Relates to Business Income and Acts of Civil Authority” Presented by William “Chip” Merlin, Jr.,

“Legal Aspects of Egress and Ingress Restrictions As It Relates to Business Income and Acts of Civil Authority”

Presented by William “Chip” Merlin, Jr., Esq.

Ron Papa, SPPATina Nicholson, Esq.

First Party Claims ConferenceProvidence, Rhode Island

October 18 - 20, 2010

Civil Authority

Prohibited Access

Typical Coverage

Promises to pay:

Actual loss of Business Income and Extra Expense caused by action of civil authority prohibiting access due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss

ISO Business Income Form CP 00 30 04 02

• Coverage does not begin until 72 hours after the authority has issued order

• Continues for not more than three consecutive weeks after

ISO Business Income Form CP 00 30 04 02

9/11 and Prohibited Access9/11 and Prohibited Access

CurfewCurfew

Actual vs. ThreatenedActual vs. Threatened

Order to EvacuateOrder to Evacuate

Access vs. Accessibility

Period of Restoration

Practical Checklist for Proof and Documentation for Business Income Claims(Ron to provide)

Accounting/Financial Records and Forms

Loss of Earnings and Extra Expense

Government Restrictions/Declarations

Contingency Plans

Thank you!

Visit Merlin Law Group at:

www.merlinlawgroup.com

or our blog at:

PropertyInsuranceCoverageLaw.com

Visit NFA at:

www.nfa.com