business-interruption claim News

6th Circuit Reverses Order That Found COVID Orders Caused Direct Physical Loss

A federal appellate court reversed a rare policyholder win in a COVID-19 related business-interruption claim, once again holding that government orders that restrict the use of a property do not constitute a “direct physical loss or damage” that requires coverage. …

6th Circuit Joins 8th and 11th in Rejecting COVID-Related Business Interruption Claim

A third federal appellate court has ruled against a policyholder seeking business-interruption coverage for income lost because of the coronavirus pandemic. A panel of the 6th Circuit Court of Appeals, in a published decision released Wednesday, affirmed a district court …

Fitch Cautious, but Economist Predicts ‘Isolated’ Impact From Business-Interruption Claims

While Fitch Ratings worries that litigation over COVID-19-related business-interruption claims is creating uncertain risk for property and casualty insurers, an economist who once served as a chief advisor to the industry said he doubts there will be a widespread impact. …

Judge Rules in Favor of 3 Policyholders With COVID-19 Claims in Consolidated Case

A federal judge denied Society Insurance’s motions to dismiss three “bellwether” lawsuits filed by hospitality businesses that were denied coverage for revenue lost because of COVID-19 public health orders. U.S. District Judge Edmond Chang in Chicago, who was assigned a …

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced thousands of Texas businesses to close …

Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim

A New Orleans judge denied a motion for declaratory judgment that insurance coverage is owed to a restaurant for business income that was lost when it was required to close its dining room because of the COVID-19 pandemic. The lawsuit …

Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits

To anyone keeping score, it appears that insurers are crushing policyholders who sued for business income lost because of COVID-19 restrictions. As of Tuesday, insurers had won 147 motions for dismal or summary judgment in state and federal courts, according …

Lawsuit Tests State’s Request That Insurers Be Generous With Civil Unrest Claims

A lawsuit filed by the owner of a Chicago hotel and its rooftop bar will put to test a request by the Illinois Insurance Department that insurers disregard any slowdown caused by COVID-19 when calculating business income lost due to …

Policyholders With Endorsements for Diseases Survive Motions to Dismiss COVID-19 Claims

While insurers continue to win four out of five cases in early rounds, in the past month two property owners with policies that contained endorsements specifically providing coverage for diseases survived motions to dismiss their COVID-19 business interruption claims. On …

COVID-19 Rulings – Mostly Insurer Wins – Moving to Appellate Courts

A wave of litigation over business-interruption losses caused by COVID-19 shutdown orders has started splashing into the appellate courts. Appeals of trial court decisions in at least 11 lawsuits have been filed so far, all but one of them by …