Panel: Mitigation Costs Are Not ‘Necessary Expenses’ Under Business Income Coverage

(May 30, 2018, 11:50 AM EDT) -- ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on May 25 affirmed a lower federal court’s ruling that a manufacturer insured’s $14 million in unpaid mitigation costs were not "necessary expenses” under a commercial insurance policy’s business income coverage, finding that “necessary expenses” are limited to expenses that reduce a covered business income loss (Welspun Pipes, Inc., et al. v. Liberty Mutual Fire Insurance Company, No. 17-1470, 8th Cir., 2018 U.S. App. LEXIS 13926)....

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