Courts Favor Insurers in Airport Cases Seeking Civil Authority Coverage After 9/11

On the morning of 9/11, the Federal Aviation Administration reacted to the unfolding national disaster by issuing a 'ground stop order' of all aircraft departures regardless of destination. This ground stop order was lifted on Sept. 14, 2001. Due to the events of 9/11, numerous policyholders sought coverage under first-party property policies for coverage of their business interruption losses related to operations at the country's airports. The policyholders claimed that the ground stop order or other governmental orders closed the airports and gave rise to coverage under their policies' Civil Authority provision. Based on varying policy language, insurers resisted these claims on several grounds, including that 1) the ground stop order did not bar access to the airports, 2) the ground stop order was not issued due to property damage, and 3) the ground stop order was not issued due to damage to the insured's property or to adjacent property.

45 minute read July 31, 2006 at 04:38 PM
By
Lynn K. Neuner and David M. Cooke
Courts Favor Insurers in Airport Cases Seeking Civil Authority Coverage After 9/11

On the morning of 9/11, the Federal Aviation Administration reacted to the unfolding national disaster by issuing a 'ground stop order' of all aircraft departures regardless of destination. This ground stop order was lifted on Sept. 14, 2001.

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