The Denver Law Firm

10/03/2022

If you know someone impacted by the hurricane who has suffered loss please be patient and understanding with them. Losing all or part of your home is an extremely traumatic experience. At the same time, please encourage them not to "shut down" and instead be proactive - notify their homeowners insurance carrier, notify their flood carrier (they may be at odds) and notify their umbrella carrier (if they have one). We all buy insurance for this very circumstance, now is the time to use it.

05/09/2022

Hidden Auto Policy Exclusion Unenforceable, NJ Panel Says - Law360

NJ Auto Insurance Update: A New Jersey court has refused to apply a "hidden trap" exclusion that would greatly reduce coverage for family members involved in an accident. https://www.law360.com/insurance/articles/1490893/hidden-auto-policy-exclusion-unenforceable-nj-panel-says?nl_pk=3bfffe05-cdda-4c24-b10a-05765406db33&utm_source=newsletter&utm_medium=email&utm_campaign=insurance&utm_content=2022-05-09

A New Jersey appellate panel on Friday upheld a policyholder's win in a coverage dispute with a Travelers unit, saying an intrafamily step-down exclusion acted as a "hidden trap" in a family's auto policy.

04/18/2022

ATV Is Not a Farm Vehicle Covered Under Homeowner's Policy, Virginia Court Rules

ATV Owners Alert: Virginia Supreme Court rules ATV is not a "farm vehicle" and off-property accident is not covered under homeowners policy. https://www.insurancejournal.com/news/east/2022/04/18/663413.htm?utm_source=dlvr.it&utm_medium=twitter

The Virginia Supreme Court has ruled that an all-terrain vehicle (ATV) is not a "farm type vehicle" covered by a homeowner's insurance policy, reversing a

12/01/2021

Dec. 6 deadline approaching for NJ residents affected by Ida to apply for FEMA aid

If you were impacted by Hurricane Ida you have until December 6th to get in your FEMA claim, so get on it!
https://www.mycentraljersey.com/story/news/2021/12/01/nj-ida-fema-aid-deadline-december/8809490002/

New Jersey renters and homeowners who suffered home damage or property loss due to Ida have until Dec. 6 to apply for federal disaster assistance.

09/07/2021

Many people are now dealing with insurance issues arising from Hurricane Ida. Here are a few quick suggestions to protect your rights to insurance coverage:
- First, put your insurance company on notice of any claims – if your broker is “too busy” to handle it for you then do it yourself (the policy usually has a provision on how to give notice). This will allow the insurance carrier to send an adjuster out to review the damage (hopefully soon).
- Next, document EVERYTHING you can relating to the loss including taking lots and lots of photos. If you have to throw out anything on an urgent basis (due to mold or in response to a government order, etc.) take pictures of what is being destroyed or thrown out. If you are displaced keep receipts of all rent/hotel bills, food bills and other out of pocket expenses since those costs may be covered.
- Last (and most important) don’t lose the claim by giving up right away. A client recently told me his insurance adjuster informed him on the first day there was no coverage for his loss - and the adjuster had not even been to the property! This is not a good faith coverage determination and obviously could be erroneous. So even if the insurance adjuster initially tells you the loss is not covered, make sure you preserve your rights to all insurance coverage proceeds that you are owed.

05/20/2021

Proud to be part of such an amazing group of speakers.

02/04/2021

Join Bill Denver and other great speakers for a practical, optimistic and uplifting New Jersey State Bar Association Solo and Small Firm Conference as seasoned and successful practitioners demonstrate not just how to survive, but how to thrive in in the new year. We’ll begin the day with an inspiring and motivating kickoff presentation. Then, we’ll move into successive round table discussions on topics that will help your practice grow and flourish.

Zoom in for a day that will energize you and set you on a course for a triumphant 2021. Don’t miss it! Be sure to register at https://lnkd.in/deTvMjw and SHARE with any other attorneys you may know that would benefit and would want to earn up to 6.3 CLE credits.

01/27/2021

tcms.njsba.com

On February 20, 2021 the NJSBA Solo and Small Firm Section (which I currently chair) will be hosting an all day webinar conference entitled "Surviving and Thriving in 2021". We have an amazing lineup of speakers discussing important topics that provide helpful insight for successfully running a law firm. For all the lawyers out there, I hope you can attend: Here is the sign up link: https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=64236520

We apologize for any inconvenience this may cause. If you require immediate assistance, please email us at [email protected] or call us at 732.214.8500.

01/15/2021

Top UK Court Rules Insurers Must Cover Lockdown Losses - Law360

Breaking: UK's highest court rules insurance carriers must pay COVID business interruption claims. UK courts continue to protect policyholder businesses unlike many US courts which takes very pro-insurance carrier positions on this ongoing coverage dispute. https://www.law360.com/insurance/articles/1344546

The U.K. Supreme Court ruled Friday that insurers must pay out to hundreds of thousands of companies forced to close during the country's first pandemic lockdown, ruling in favor of the Financial Conduct Authority in a landmark case over business interruption cover.

12/24/2020

In Sills Cummis Case, Court Sets Expectations for Retainer Agreement Arbitration Clauses | New Jersey Law Journal

This article summarizes the recent NJ Supreme Court decision in Delaney v. Dickey re: the scope of proper disclosures when a lawyer-client retainer agreement contains an arbitration clause. My thanks to NJSBA for letting me argue this case as amicus to the court and to Ms. Parmley for quoting my take on the decision. https://www.law.com/njlawjournal/2020/12/23/in-sills-cummis-case-court-sets-expectations-for-retainer-agreement-arbitration-clauses/

Justice Barry Albin said for an arbitration provision in a retainer agreement to be enforceable, an attorney must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client.”

12/21/2020

njcourts.gov

Here is an important decision for NJ attorneys who use arbitration clauses in their retainer agreements. The NJ Supreme Court provides some guidance and agreed with amicus NJSBA that such clauses should be reviewed by a professional committee with new prospective rules. I am honored to have had the privilege to argue this case on behalf of the NJSBA. https://lnkd.in/eHTZdEb

11/18/2020

Webcast - The NJICLE Winter Conference

Honored to be asked to speak on this panel with some extremely knowledgeable and excellent attorneys!

Earn up to 9.1 CLE credits!

11/16/2020

This is a fascinating case in the UK where various insurance companies are trying to reverse a prior decision which held that they are obligated to pay policyholder business interruption claims for Covid. Most telling is this line: "Insurers say they are paying valid claims but that paying out all claims could be catastrophic for the industry." Essentially: "Don't make us pay for claims we took premiums for, its too expensive."

https://www.businessinsurance.com/article/20201116/NEWS06/912337809/Insurers-tell-UK-court-they-can%E2%80%99t-provide-unlimited-virus-cover?utm_campaign=BI20201116BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&utm_campaign=BI20201116BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign

11/02/2020

Outback Owners Fight Insurer's Bid To Dismiss COVID-19 Suit - Law360

Example number 1 of "Insurance Companies Will Do Anything to Delay and Deny Paying Claims": An insurance company is moving to dismiss restaurant claims for COVID-19 Business Interruption coverage on the basis that the Complaint is "too long" and complicated - because it attaches policies and documents the insurance company itself wrote. https://www.law360.com/articles/1324815

The operators of 100 Outback Steakhouse restaurants are pushing back against a bid to dismiss their suit alleging Affiliated FM Insurance Co. is systematically denying COVID-19 coverage, saying the insurer's participation in other, similar suits belies its argument that the complaint here doesn't ma...

10/22/2020

N.C. restaurants prevail in COVID-19 business interruption case - Business Insurance

Great news for policyholders with COVID-19 Business Interruption claims! NC Court rules 16 restaurants are entitled to coverage. https://www.businessinsurance.com/article/20201022/NEWS06/912337297/NC-restaurants-prevail-in-COVID-19-business-interruption-case-North-State-Deli?utm_campaign=BI20201022DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20201022DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

A North Carolina state court judge has ruled in favor of a group of restaurants in pandemic-related business interruption litigation, holding the state’s order to close the restaurants was a covered physical loss under their policies.

10/21/2020

Insurers drop appeal against UK COVID-19 payout ruling on policies - Business Insurance

Its a Great Day for UK Policyholders: It appears that numerous insurance companies will not appeal a watershed decision that ruled they owed coverage for COVID-19 business interruption claims. Now lets get US courts to protect policyholders the same way. https://www.businessinsurance.com/article/20201021/NEWS06/912337277/Insurers-drop-appeal-against-UK-COVID-19-coronavirus-pandemic-payout-ruling-on-t

Six insurers have decided not to appeal against a London High Court ruling that they were wrong to reject claims from holders of three business interruption insurance policies who have been pushed to the brink of collapse by the COVID-19 pandemic.

10/07/2020

Solos and Small Firms: Conduct Your Cybersecurity Check-up | New Jersey Law Journal

I am honored to be quoted in this article about how New Jersey law firms are handling cybersecurity issues. https://www.law.com/njlawjournal/2020/10/06/conduct-your-cybersecurity-check-up/

October is National Cybersecurity Awareness Month, which makes it timely to consider the best practices solo attorneys follow to manage their cybersecurity.

09/22/2020

N.J. Judge Clears Path for COVID-19 Business-Interruption Suit

Here is an article about an important NJ court decision re: business interruption coverage for COVID-19: Judge Beukas rules against Franklin Mutual Insurance Company argument that physical alteration of a premises is needed in order for a business interruption claim to succeed. This is just the second pro-policyholder decision in the US and follows on the heels of an important pro-policyholder decision in England. It seems courts are looking more closely at these issues and businesses may yet receive insurance coverage for their COVID-19 losses. https://www.claimsjournal.com/news/east/2020/09/21/299442.htm

A second judge has ruled that a policyholder's COVID-19 business-interruption claim should proceed, marking an uncommon procedural win for business owners

09/04/2020

Here is a new, slightly different court ruling on a business interruption claim. The court ruled that a policy exclusion for losses arising from a virus eliminated any potential business insurance coverage for a dentist. However, its important to note that not all policies have this exclusion and some actually ADD virus coverage into the policy, so read your policy when assessing your COVID-19 claim. https://www.businessinsurance.com/article/20200903/NEWS06/912336459/Virus-exclusion-holds-up-in-COVID-19-coverage-case-Mauricio-Martinez-v-Allied-I?utm_campaign=BI20200903DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200903DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

09/01/2020

Travelers scores victory in COVID-19 business interruption case - Business Insurance

California court rules against restaurant seeking business interruption insurance coverage for COVID-19 related losses.https://www.businessinsurance.com/article/20200831/NEWS06/912336395/Travelers-scores-victory-in-COVID-19-business-interruption-case?utm_campaign=BI20200901RiskManagementOne&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200901RiskManagementOne&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

A unit of Travelers Cos. Inc. won the dismissal of a coronavirus-related business interruption suit on Friday, adding to the growing list of court decisions finding business disruptions stemming from the pandemic don’t constitute property loss or damage.

08/14/2020

Texas court weighs in, favoring insurance companies over barbershops for COVID-19 claims. https://www.businessinsurance.com/article/20200814/NEWS06/912336118/Texas-barbershops-COVID-19-coronavirus-pandemic-losses-not-covered-insurance-fed?utm_campaign=BI20200814BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200814BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

08/12/2020

Today a federal judge ruled that policyholder Business Interruption insurance claims for COVID-19 losses may proceed, rejecting insurance carrier motion to dismiss. https://www.businessinsurance.com/article/20200812/NEWS06/912336079/Business-owners-can-sue-insurer-over-coronavirus-losses,-Missouri-judge-rules?utm_campaign=BI20200812BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200812BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

08/07/2020

DC Court rules Restaurants not entitled to Business Interruption Coverage: A sad day for these restaurants which are fighting to survive. https://www.businessinsurance.com/article/20200806/NEWS06/912336000/Insurers-secure-another-win-in-fight-over-COVID-19-coronavirus-pandemic-coverage?utm_campaign=BI20200807DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200807DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

08/06/2020

Post-Storm: Still missing power and spending more money? There may be insurance coverage for that.

Keep in mind, your business and homeowners coverage applies to various types of losses (depending on your policy terms and how your power was lost):

- Food Spoliation: If you suffer food losses due to lack of power take photos before throwing food out

- Electronics: If your electronic devices were damaged by power surges there may be coverage

- Hotel Costs: If you are displaced by downed wires or damages to your home, etc. then your insurance carrier may pay the cost of your hotel room and related bills, including food, while you are displaced.

Not sure how your policy applies to your circumstances? Call your broker and make sure you get a copy of the current version of your policy to find out.

08/05/2020

Home or business damaged by Isaias? Take these steps to protect your rights:
1. Notify you insurance company as soon as possible.
2. Take pictures - lots of pictures - and then more pictures.
3. If there are any local videos or on the internet showing the cause of loss or conditions in your neighborhood, get a copy of them and preserve them.
4. Mitigate your damages. If you can prevent additional damages to your property, say by covering a hole in the property with a tarp and preventing water intrusion, do it.
5. Document your consequential damages and losses. If you have records showing the cost of your property, preserve them to give to the insurance company. If you are displaced, keep documentation for your hotel or rental costs, meals and other added costs you are incurring.
6. If your insurance company starts to give you a hard time by arguing about the cause of loss or the appropriate replacement value for your property, contact an experienced policyholder attorney to protect you.

07/31/2020

COVID-19, civil unrest impact Hartford earnings in second quarter - Business Insurance

Businesses are consumers and can choose which insurance company they buy coverage from. Businesses should pay very close attention to how insurance companies treat their own policyholders in the current crisis. This article states that Hartford is choosing to reserve over $40 million to litigate against its own policyholders rather than pay their Business Interruption claims. https://www.businessinsurance.com/article/20200731/NEWS06/912335903/COVID-19,-civil-unrest-impact-Hartford-earnings-in-second-quarter?utm_campaign=BI20200731BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D&utm_campaign=BI20200731BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&vgo_ee=G7hAGSHAOMYadFPEOj8qtUjC7WtQkSK2rWZ2k2OZG10%3D

Hartford Financial Services Group Inc. reported $248 million in catastrophe losses in the second quarter, including $110 million from civil unrest and losses related to the COVID-19 pandemic, according to earnings statement released Thursday.

07/29/2020

COVID-19 insured loss reports reach $20.5bn - Artemis.bm

According to this article, booked insurance reserves relating to COVID-19 are now over $20 billion but actual losses are likely much higher. Article also indicates the Lloyds of London and FM Global have losses in excess of $3 billion each. If you have FM Global coverage, double check that policy if you received a denial letter... https://www.artemis.bm/news/covid-19-insured-loss-reports-reach-20-5bn/

Reported insured losses and reserve setting related to the COVID-19 coronavirus pandemic have now reached $20.5 billion, according to data collected by

07/21/2020

Insurers should pay UK businesses over 'cataclysmic' pandemic, court hears

British regulators are siding with businesses and policyholders hurt by COVID-19 and are demanding that insurance carriers pay business interruption claims for these losses. Sadly US regulators tend to favor insurance carriers and are not supporting policyholders in the same way. https://www.reuters.com/article/us-britain-insurance/insurers-should-pay-uk-businesses-over-cataclysmic-pandemic-court-hears-idUSKCN24L25I

Some of the world's biggest insurers are wrong to deny a payout to hundreds of thousands of small British businesses, battered by the COVID-19 pandemic, the London High Court was told on Monday.

07/13/2020

Here are some ideas on issues to consider when re-opening your law law firm. I am proud to have been part the amazing team that worked to put this together.

Today's lifting of the stay-at-home order in New Jersey is huge news. As you plan your re-opening, see our publication, Guidance and Best Practices to Re-opening Law Firms in the COVID-19 Public Health Crisis. https://bit.ly/NJSBAopen

07/13/2020

This is a great program for lawyers who are starting their own practices or thinking about doing so.

07/09/2020

Sadly, a court in Michigan has ruled that a restaurant is not entitled to Business Interruption insurance coverage for losses arising from COVID-19 because the policyholder could not demonstrate they were the result of "direct physical loss or damage".
https://www.businessinsurance.com/article/20200706/NEWS06/912335478/Court-rules-for-insurer-in-Michigan-restaurant-owner%E2%80%99s-COVID-19-claim-Gavrilides

07/08/2020

A court in South Africa has ruled that an insurance company must pay Business Interruption benefits to a restaurant suffering losses due to COVID-19. https://www.businessinsurance.com/article/20200708/STORY/912335514/Insurer-ordered-to-pay-business-interruption-claims?utm_campaign=BI20200708GlobalFocus&utm_medium=email&utm_source=ActiveCampaign&utm_campaign=BI20200708GlobalFocus&utm_medium=email&utm_source=ActiveCampaign#

06/29/2020

NJ Insurance Alert - NJ Supreme Court Ruling Favors Insurance Carriers over Policyholders for Subrogation Recoveries. In Asbury Park v. Star Ins. Co., the NJ Supreme court discussed the "made whole" principle which generally states an insurer can't exercise subrogation rights until the insured has been made whole. The Court held that deductibles or self-insured retention are not covered by this principle, so that if an insurance company recovers funds from a third-party, the subrogation recovery funds go exclusively to the insurance company and are not shared with the policyholder. https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_20_19.pdf?c=oPt

06/05/2020

Insurer loses legal malpractice ruling in reversal - Business Insurance

If you are facing a professional malpractice claim, it is important to timely report the claim to your insurance company since most of these policies are "claims made" policies. This policyholder reported a claim in its renewal application but had to argue twice to win that issue in a federal appellate court.
https://www.businessinsurance.com/article/20200605/NEWS06/912334980/Insurer-loses-legal-malpractice-ruling-in-reversal-Landmark-American-Insurance-C?utm_campaign=BI20200605BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign&utm_campaign=BI20200605BreakingNewsAlert&utm_medium=email&utm_source=ActiveCampaign

A federal appeals court has reversed its previous ruling and reinstated litigation filed by a law firm against its legal malpractice insurer.

06/02/2020

I am honored to be quoted as part of this article focusing on how solo and small firms balance the need for a physical office with the advantages of a virtual/home office. https://www.law.com/njlawjournal/2020/06/01/your-physical-home-or-virtual-office-then-and-now/