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ARTICLE · 30 APRIL 2020

Causation And Concurrent Causes Of Business Interruption Involving COVID-19

Miller Thomson
Miller Thomson
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Miller Thomson

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As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims.

CanadaCoronavirus (COVID-19)

Introduction

As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims.  As most commercial property policies typically insure against "direct physical loss to the property", an inquiry into causation is required to determine coverage.  Determining causation and coverage can become more complicated where there are multiple potential causes of the loss.

Take, for example, the following scenario: Business A owns a piece of machinery, which is part of the insured premises.  Prior to the pandemic, that machinery suffered direct physical damage, necessitating temporary closure of the business.  Business A is awaiting completion of the repairs, which are scheduled to take two to three weeks.  The losses associated with the equipment downtime and business closure are not COVID-19 related and fall within the scope of business interruption coverage.  However, within the original two to three

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