Looking At The Limitations Of The Delay Exclusion

By Hilary Henkind ( June 14, 2017, 5:40 PM EDT) -- Many commercial property policies, including builders risk policies, contain an exclusion for "delay, loss of market, or loss of use." Oftentimes, a property damage loss leads to some sort of delay, whether it be a delay in production, completion of a project or in opening an insured facility. Read literally, the delay exclusion would preclude coverage for any sort of loss of revenue incurred by the insured, even if the delay or loss of use were the direct result of a covered cause of loss to covered property. Such an interpretation, however, seems to conflict with the inclusion of coverage for loss of business income. In this regard, a policy containing business income coverage obviously contemplates recovery for a loss of revenue during that period of time following covered physical loss or damage when the insured is unable to operate, produce goods, or complete a project. These types of economic, post-loss delay claims generally seem to be covered in those situations where an insured purchases business interruption coverage. Thus, it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!