As countless businesses continue to suffer the effects of global lockdowns, many have submitted business interruption and other claims to their insurers to attempt to recoup losses. Whether such claims are ultimately covered will likely depend upon the specifics of the policy language and the exact circumstances giving rise to a claim, as well as the insured’s willingness to litigate with its insurer if necessary. However, it already appears that there may be meritorious coverage claims to be brought and the volume of such claims is likely to continue to increase in the coming months.
For businesses that have already sustained crippling revenue losses, finding ways to finance costly coverage disputes with insurers and/or to bring forward contingent receivables can be key. This has already created a spike in the volume of litigation finance and claim monetization requests for insurance coverage disputes.
When considering advancing capital in relation to such disputes, the key underwriting issues will include:
- The language of the policy and the financial strength of the insurer;
- The claim amount and what is included in the claim;
- The applicable dispute resolution provisions under the policy
In response to this growing demand, TheJudge Group is offering a streamlined process to review funding proposals for business interruption and other Covid-19 related insurance coverage disputes.
For claims in excess of $10 million, TheJudge will provide a preliminary view on whether funding is likely to be available within 5 working days, based solely upon a review of the policy terms and conditions and without requiring submission of a full case presentation. We hope that this will enable our clients and client law firms to quickly evaluate their potential funding opportunities, with minimal time and cost outlay.