8th Circuit Court of Appeals News

Ruling May Portend Bitter End for COVID Business Interruption Claimants

A federal appellate court ruling that dismissed a dental practice’s COVID-19 business interruption claim might be the beginning of the end for policyholder arguments that income lost because of government shutdowns should be recovered through commercial property insurance policies. The …

Cloudy D&O Policy Language May Force Insurer to Pay for Defense of Investor Suit

Because of “ambiguous” policy language in a complicated insurance contract, a directors and officers insurer may be liable for more than $600,000 in legal fees paid by the founder of a business that was sued by its investors. A panel …

8th Circuit Upholds Dismissal of Insurance Executive’s Whistleblower Suit

A federal appellate court upheld the dismissal of a whistleblower lawsuit filed by an insurance executive who was fired after allegedly submitting false expense reports and encouraging employees under him to do the same. A panel of the 8th Circuit …

Ohio Supreme and 8th Circuit Mull Whether COVID Can Cause Direct Physical Loss

Two appellate courts took steps this week toward answering a key question that may seal the fate of some 1,500 lawsuits seeking insurance coverage for COVID-19-related business-interruption losses: Does the presence of the SARS-CoV-2 virus or people infected with it …

8th Circuit: Late Notice Barred Coverage Under ‘Claims-Made’ Policy

Ace American Insurance Co. is not liable for the approximately $250,000 that an Arkansas school district paid to settle a sexual harassment lawsuit because the district did not notify the insurer about a complaint against it until more than six …

Court Rejects Extra Premiums For Carrier That Paid Exempt Claims

A workers’ compensation insurer cannot charge an employer an extra $1.7 million in premiums for the risk presented by employees who were exempt from coverage under Iowa’s workers’ compensation law, a federal appellate court ruled Monday. The 8th Circuit Court …

Court Finds Collapsed Cave Not a Covered ‘Building’ Under Policy

Interstate Underground Warehouse & Storage operates more than 3 million square feet of storage space inside a cave that was once a limestone mine just outside of Kansas City, Mo. The company’s website touts the constant 60-degree temperature inside its …