Firm-Wide blog

David Hersh: COVID-19 and Loss of Business Income

By Burg Simpson
June 19, 2020
2 min read

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income 

David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department

“I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as a result of government mandates requiring shutdowns due to the pandemic.

Although most business insurance policies include coverage for loss of income caused by an event outside of the organization’s control, insurance companies have refused to pay business income loss claims. The insurance industry continues to deny these claims, but we believe many policies actually do provide coverage for these losses.

Burg Simpson has a long track record of success fighting insurance companies in coverage disputes.  This success comes from our lawyers’ four decades of reading, analyzing, and interpreting first-party policies. This experience includes 20 years representing the insurance companies and 15 years of exclusively representing insurance policyholders.

The key to success involves analysis of the specific language of the insurance policy, state law, and the verbiage used by the governmental authorities with their stay-at-home/shelter-in-place types of orders.

We are assessing commercial insurance coverage matters involving business interruption, civil authority coverage, event cancellation, pollution coverage, and supply chain interruption claims. The Burg Simpson team has over forty years of experience litigating insurance matters, and our experience makes us uniquely qualified to help. If your business has been interrupted due to COVID-19, call Burg Simpson for a consultation now.”

About David P. Hersh

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, COVID-19 Business Interruption Claims, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 145 civil jury trials to verdict throughout the United States.


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