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Court ‘Sympathizes’ With Businesses Claiming COVID-19-Related Losses but Finds No Coverage Under Policy

In a business interruption case resulting from mandatory shutdowns to control COVID-19, court dismisses plaintiff barbershops’ claims against insurance company; plaintiffs failed to show accidental direct physical loss to premises as required for coverage and did not overcome express virus exclusion.

COVID-19 impacts BV conferences

As BV conference season approaches, the obvious question is how the coronavirus is impacting these events.

Diesel Barbershop, LLC v. State Farm Lloyds

In a business interruption case resulting from mandatory shutdowns to control COVID-19, court dismisses plaintiff barbershops’ claims against insurance company; plaintiffs failed to show accidental direct physical loss to premises as required for coverage and did not overcome express virus exclusion.

Recap of the VSCPA Forensic and Valuation Virtual Conference

Topics at the Virginia CPAs’ event included COVID-19, the use of statistics for lost profits, key federal tax cases, personal goodwill, forensics, reasonable compensation, and cybercrime.

Does COVID-19 alter the Companies Act, or the value of minority shares?

All business valuers accept the fact that minority shares hold discounted value.

Turek Enterprises, Inc. v. State Farm Mutual Automobile Insurance Co.

In business interruption case resulting from mandatory shutdowns to control COVID-19, court finds plaintiff chiropractic clinic failed to show insurer breached its policy; court says plaintiff did not demonstrate “tangible damage” to property and failed to overcome policy’s express virus exclusion.

AICPA weighs in on next federal COVID-19 relief

In a letter to Congressional leadership, the AICPA made six recommendations for the next phase of relief for small business and the U.S. workforce.

Healthcare Valuations: A Check Up

Since March 2020, the United States healthcare industry has faced great adversity. COVID-19 has impacted the way hospitals pay their physicians forever. Join Kathryn Taylor and Justin Conant for your annual Healthcare Valuation Checkup. Get up to speed on the current environment surrounding physician compensation and review the top 10 issues potentially impacting physician compensation in 2022. Learn critical topics such as the group practice exception, advanced practice provider supervision and personally performed work, value-based ...

Life Time, Inc. v. Zurich Am. Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the federal court grants the plaintiffs’ motion to remand the action back to Minnesota state court to resolve the disputed issue of what qualifies as direct physical loss under state law.

U.K. and U.S. courts differ on COVID-19 business interruption claims

A recent article in the New York Times reports that the U.K. Supreme Court recently ruled that insurers must cover COVID-19-related losses.

Two new resources recap the year 2020 in BV

A lot happened in 2020 in the business valuation profession other than COVID-19, and you can get caught up on the impacts of the pandemic—and everything else—with two new guides from BVR.

S. Fla. Ent Assocs. v. Hartford Fire Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. While the plaintiff claims losses due to COVID-19 shutdowns, the plaintiff fails to allege any actual harm to the insured property.

The Story Behind Your Valuation: Damodaran’s Five-Step Framework

One of the lessons learned from the COVID-19 crisis is that a coherent narrative is more important than ever in business valuation, says Dr. Aswath Damodaran, of New York University Stern School of Business, who gave the keynote address at the CBV Congress 2021. A valuation needs a marriage of narrative and numbers, Damodaran says. In a good valuation, the numbers are “bound together” by a coherent narrative, and storytelling is kept grounded with numbers. Too much emphasis on numbers can make valuations mere “plug-and-point exercises” that may be perceived to be sales pitches or a confirmation of preconceived values.

Court Dismisses Plaintiff’s COVID-19-Related Suit, Noting Claimed Loss of Use of Properties Is Not Direct Physical Loss Under the Relevant Policy

In this business interruption case resulting from mandatory shutdowns to control COVID-19, a federal court granted the defendant insurer’s motion to dismiss plaintiff’s suit over coverage, finding plaintiff’s claim for loss of income based on state orders restricting use does not meet “direct physical loss” prerequisite.

Real Hosp., LLC v. Travelers Cas. Ins. Co. of Am.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted a motion by the defendant insurance company to dismiss claims of plaintiffs; plaintiffs did not argue that they sustained a physical loss, and coverage would have been denied nevertheless by the virus exemption.

Recap of the VSCPA Business Valuation, Fraud, and Litigation Services Conference

Timely topics include how BVFLS experts are accounting for the impact of COVID-19, reviewing a valuation report, an estate/trust update, and a new idea to boost your practice. This two-day event was sponsored by the Virginia Society of CPAs (VSCPA).

In re Body Transit

Court finds creditor’s interest in debtor’s property is “inconsequential” and says a valuation of debtor’s fitness club must account for dismal state of fitness industry due to COVID-19 shutdown; debtor’s projections related to reorganization plan are too optimistic given economic uncertainty.

Court disses restaurant’s ‘direct physical loss’ theories in COVID-19 suit

The key question in many COVID-19-related insurance disputes is what constitutes “direct physical loss,” a federal court recently explained as it rejected a plaintiff’s breach of contract claim against the insurer.

Torgerson Props. v. Cont’l Cas. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, a federal court granted the defendant insurer’s motion to dismiss plaintiff’s suit over coverage, finding plaintiff’s claim for loss of income based on state orders restricting use does not meet “direct physical loss” prerequisite.

Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.

What do KPMG and BDO have to say about current valuation and forecasting approaches?

COVID-19 dominates a lot of the discussion in the latest edition of KPMG’s 3Q2020 International Valuation Newsletter (IVN), though, as editors Johannes Post and Rolf Langenegger note, it ‘is not the only issue.’ BVWire—UK readers looking for a good summary of the effects the pandemic has had on UK and global markets should turn here, even though the effects on private companies, the LSE, and other markets are now familiar to everyone.

More resources for business valuers completing valuation engagements now

To help support the inquiries we’ve been receiving from our customers about how to address the coronavirus in the valuations they are working on, BVR has created a new COVID-19 business valuation resource website where we offer links to current news, past articles and webinars, third-party articles, and more to help BVWire—UK readers.

AFM Mattress Co. v. Motorists Commercial Mutual Insurance Company

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of plaintiff. While plaintiff claims losses due to COVID-19, it does not sufficiently move the court to consider the virus exclusion of the policy inapplicable. A motion for a sur-response to espouse an alternative theory was also denied but without prejudice.

BVR offers help during the COVID-19 crisis

BVR hopes that the entire valuation community will stay safe and healthy—and we are here to support you and your colleagues however you might need us.

Beware of this loaded question about projections amid COVID-19

Projections have always attracted scrutiny, but the pandemic has intensified this attention.

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