8th Circuit Court of Appeals News

8th Circuit: COVID Stay-at-Home Orders Did Not ‘Quarantine’ Skiers

Government orders that restricted access to non-essential businesses during the early days of the COVID-19 pandemic were not “quarantines” that require a travel insurer to reimburse policyholders who did not get full use of their ski passes, a panel of …

Ordinance-or-Law Endorsement Entitles Mall Owner to Roof Replacement, 8th Circuit Says

The ordinance-or-law endorsement in a commercial property policy may require Cincinnati Insurance Co. to pay $1.3 million to replace a roof that suffered only $23,000 in tornado damage. A panel of the 8th Circuit Court of Appeals on Thursday reversed …

Appeals Court Reverses Verdict Against Surgeon in Spinal Implant Kickback Case

A federal appellate court overturned a $5.5 million jury verdict against a Missouri orthopedic surgeon who is accused in a whistleblower lawsuit of taking kickbacks from a spinal implant distributor owned by his fiancee. A panel of the 8th Circuit …

FEMA Contractors Not Liable for Misrepresentations About Flood Risk

The North Fork of the White River in southern Missouri is a nationally known fly-fishing destination, teeming with brown and rainbow trout. The stream is fed from underground springs in the Ozark Mountains, keeping its waters cool on hot summer …

Iowa Issues 2nd State Supreme Court Ruling Finding No Coverage for COVID Income Loss

The Iowa Supreme Court on Friday ruled in two separate decisions that COVID-19 did not cause a physical loss or damage that would allow a private golf club or a restaurant and bar to recoup income lost during COVID-19 shutdown …

8th Circuit: Insurer Owes for Total Loss Despite Payment for Previous Damage Claim

In March 2019, a fire damaged Craig and Katie Shaw’s house outside the hamlet of Adams in rural southern Minnesota. Two months later—before the Shaws made repairs—a second fire burned the house to the ground. Farm Bureau Property & Casualty …

Claim For Fatal Heat Stroke Barred by Missouri Ruling on Co-Employee Lawsuits

Tyler Scott Halsey worked himself to death trimming trees in 96-degree heat, his parents say. They alleged in a lawsuit against his employer, Townsend Tree Service, that his supervisor did not offer enough water or rest breaks and disabled the …

8th Circuit: Policyholder Entitled to Appraisal to Determine Cause of Damage

A Minnesota property owner has a right to an appraisal to determine the cause of a loss even if the insurer contends the damage existed before it issued its policy, a panel of the US 8th Circuit Court Appeals ruled …

8th Circuit Finds No Ambiguity in Motorcycle Exclusion

The 8th Circuit Court of Appeal ruled Monday that there is no ambiguity in the term “owned motorcycle” and affirmed a decision to deny a $3 million uninsured motorist claim. Lauren Palazzolo was killed in 2017 while driving as a …

11th Circuit Adds to Plaintiff Losing Streak for COVID Business Interruption Claims

Another federal appellate court has ruled against a policyholder who sought coverage for business interruption losses caused by coronavirus restrictions, siding with the vast majority of federal judges in ruling that SARS-CoV-2 does not cause a direct physical loss or …