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Consulting expert

Business interruption analysis.

Preparation, presentation, and review of business interruption and property damage claims, for policyholders and insurers.

About this practice area

What business interruption coverage does.

Business interruption (business income) coverage replaces the income a business loses when covered physical damage forces it to suspend operations, for the period reasonably needed to restore the property. Related coverages include extra expense, extended business income after reopening, civil authority, and contingent business interruption for losses at a supplier’s or customer’s premises.

These claims are demanding to prepare and to adjust. The loss has to be measured against what the business would have earned had the damage not occurred, which means working through financial records, forecasts, the restoration timeline, and the policy’s terms. Disputes commonly involve the length of the period of restoration, the calculation of lost income, the treatment of continuing & saved expenses, and delay in payment, and they often run alongside a dispute over the property damage itself.

Business-interruption claims in litigation also appear under Property & Catastrophe.

A business-interruption loss: revenue drops at the loss event, recovers over the period of restoration, and rejoins the projected but-for line; the wedge between the lines is the claim
Engagements

Matters handled.

GIC has worked for both policyholders and insurers. Large catastrophe records are organized with tech-assisted review so that every figure traces to a source document.

Testifying expert · Report

California wildfire and mudslide losses at a luxury resort

250,000+pages in the record
Business incomeand extended business income

Property & Catastrophe

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Engaged by a five-star luxury resort for a breach of contract and bad-faith litigation in California arising from wildfires and mudslides. The losses arise from building, building personal property, business income, and extended business income coverages. The record consists of in excess of 250,000 pages.

Also listed under: Property & Catastrophe · Fair claims practices and standards of care

Testifying expert · Report, Deposition

Texas ice storms, February 2021: property damage and business income

2021Texas ice storms
Business incomeproperty and contents claims

Property & Catastrophe

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Engaged by an entertainment concern which suffered major damage and loss during the Texas ice storms of February 2021. This policyholder is contesting the carrier’s refusal to pay the benefits for property damage, business personal property, and loss of business income.

U.S. District Court, Western District of Texas, Waco Division

Also listed under: Property & Catastrophe · Fair claims practices and standards of care · Testimony record

Testifying expert · Report, Deposition

Major fire and business interruption at an entertainment venue

Business incomeproperty and contents claims

Property & Catastrophe

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Engaged by an entertainment concern which suffered major structural damage, including substantial business interruption claims due to a major fire. This policyholder is contesting the carrier’s refusal to pay the benefits for property damage, business personal property, and loss of business income.

U.S. District Court, Western District of Kentucky, Paducah Division

Also listed under: Property & Catastrophe · Fair claims practices and standards of care · Testimony record

Other matters

Civil-unrest business interruption and property claim for a Chicago hotelierConsultingBusiness interruptionRead moreShow less

Engaged to consult on a large business interruption and property damage claim stemming from civil unrest. Starting in June of 2020, served as an outside consultant for a major Chicago based hotelier assisting in the preparation and presentation of a significant business interruption and property damage claim against a major commercial property insurer. Mr. Bingham worked with BDO and various property contractors to complete the carrier’s statement of loss. GIC assisted the policyholders counsel in preparing for and completing litigation.

Also listed under: Property & Catastrophe

Fire and business interruption loss from civil disturbance (Chicago restaurant)TestifyingProperty & CatastropheRead moreShow less

Retained by a Chicago restauranteur in bad-faith litigation with a major property insurer over a fire and business interruption loss stemming from civil disturbance. In addition to a report for the Federal Court, GIC assisted in the examination of carrier staff focusing particularly on deviations from the Illinois Fair Claim Practices Act and usual, customary, and ordinary practice. Case was settled at mediation.

Also listed under: Property & Catastrophe · Fair claims practices and standards of care

Multi-million-dollar tornado-loss claimsConsultingBusiness interruptionRead moreShow less

Consultation on multi-million-dollar tornado-loss claims with complex restoration timelines.

Also listed under: Property & Catastrophe

Illinois Fair Claim Practices Act and standards of care in a hospitality bad-faith caseTestifyingFair claims practicesRead moreShow less

Retained by a Chicago based hospitality and entertainment operator to offer opinions in an insurance bad-faith litigation. Mr. Bingham opined on breaches of the Illinois Fair Claim Practices Act as well as industry standards of care and best practices.

Also listed under: Fair claims practices and standards of care · Claims Handling Review

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