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The Law & You

My Insurance Agent Told Me Not to File A Business Interruption Claim. Is That Right?

The Law & You
April 13, 2020

The Law and You

My Insurance Agent Told Me Not to File A Business Interruption Claim. Is That Right?

Haley Bianco: It’s time now for “The Law & You.” Joining us today from home we have attorneys Ed Ciarimboli and Greg Fellerman. Nice to see you both.

Greg Fellerman: Good to be here.

Ed Ciarimboli: Haley, it’s a big day today. I did my hair.

Haley: Wow.

Ed: It’s a big day.

Haley: I mean, when you’re in quarantine–absolutely. Doing that any day is a big deal. Well, looking good guys, nice to see you. Let’s get to today’s viewer-submitted question. This comes from Mark in Stroudsburg. He says, “I have a business interruption policy and I was told not to file a claim by my agent because there is no coverage. Is this right?” What do you think?

Ed: It absolutely, 100% is false. The insurance companies, under the insurance regulations they have an obligation to open a claim and do an investigation regarding your coverage. Your insurance agent, the insurance company, can’t simply tell you not to file a claim. We’ve heard this on a number of occasions from a number of different people as we’re actually looking into this for some folks to see if there is any cause of action there. There might be because the insurance companies have an obligation to do an investigation irrespective of whether they do decide there is no coverage, they have to at least look at it.

Greg: In the beginning, we were seeing a lot of companies just basically saying there’s no claim, no coverage which we do not think is correct. Now we’re seeing a little change in direction from them but I think a lot of things are that we’re looking at these cases. If you have a policy and want us to take a look at it I think it can be very fact-driven, very policy-driven, depending on the language that is included. So we are taking a look at these we have friends across the state we’re doing it with so if you have a question please give us a call. We have nothing else to do (laughs).

Ed: Or email us your policy and we’ll take a look at it. But it’s important right now to get your policy. Every business owner out there–get your entire policy, it’s really important.

Haley: Alright, some good tips today guys, thanks for your time. If you at home have questions for “The Law & You,” just go to PAHomePage.com

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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