No Loss? No Gain On Claims

Law360, New York (November 7, 2011, 2:56 PM EST) -- On Sept. 29, 2011, Judge Robert Chambers of the U.S. District Court for the Southern District of West Virginia dismissed Felman Production Inc.’s business-interruption claim against Industrial Risk Insurers and its member companies because Felman could not prove an actual loss of gross earnings as required by the insurance policy.

This decision is part of the limited number of cases addressing the “actual loss sustained” requirement as it relates to a loss of production at a 24/7 manufacturing operation.

The decision reinforces earlier cases from New...
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