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GLK’s Korek & Makarov’s Unique Business Interruption Piece Published in NYLJ

To save thousands of New York business from closing their doors permanently, New York courts should look to the New Jersey case ‘Optical Services USA/JCI v. Franklin Mutual Insurance Co.,’ for a decision and rationale that is consistent with New York jurisprudence. (First published in the New York Law Journal)

Business Center Closed

Most business owners in New York have been faithfully paying significant premiums to insurance companies for years or even decades for business interruption insurance only to see carriers unfairly deny coverage across the board based on the ethereal, undefined “direct physical loss” requirement contained in their business owner’s property polices.

While some courts have sided with carriers in dismissing lawsuits stemming from COVID-19 related shutdowns, New York courts need not look further than across the George Washington Bridge for an analysis that falls within the bounds of New York jurisprudence and leaves the door open for coverage that so many business owners desperately need.

 

 

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