A recent Law 360 article1 highlights the Medical Society of New Jersey’s (“Society,” or “MSNJ”) arguments in two COVID-19 business interruption cases, offered as amicus or “friend of the court” submissions designed to purportedly allow a complete presentation of the …
A New York federal judge has refused to lower the curtain on a COVID-19 business loss claim by the owner of five Broadway theaters because the entertainment insurance policy language is ambiguous as to whether the theater suffered one loss …
A federal appellate court is again asking the California Supreme Court to resolve a question about insurance coverage for COVID-19 business shutdowns — this time only on a narrow issue about a virus exclusion. A panel of the 9th Circuit …
Courts around the nation have held that SARS-CoV-2 cannot cause direct physical damage or loss to property, but policyholder advocates are hoping the California Supreme Court will turn the tide. In a case that pits a concert organizer against its …
The Connecticut Supreme Court has upheld insurers in two cases where claims for business interruption losses blamed on Covid-19 were denied because there was no direct physical damage. One case involved healthcare facilities Connecticut Dermatology Group, Live Every Day, and …
The modern security ecosystem is diverse and ever-changing, a place where cyber risk is top of mind for leaders at all levels, and threats to information / data security and privacy evolve at the speed of the technical innovations driving …
A Western Pennsylvania federal district judge has dismissed eight cases seeking payment for COVID-19 business interruption coverage from several insurers including Cincinnati Insurance, Travelers Insurance and Hartford. Financial Services. Citing the district’s court’s own previous ruling in 30 cases against …
The U.S. District Court for Eastern Virginia has dismissed a complaint by petcare and food company Mars Inc. seeking insurance coverage for COVID-19-related business interruption claims. Insurer FM Global sought and won the dismissal of the complaint against the $5 …
A Texas jury awarded the Baylor College of Medicine in Houston $48,529,961 for damages caused by COVID-19 in what appears to be the first jury verdict in a lawsuit that sought insurance coverage for lost business income and other damages …
There is a hole in the dam. Prior to June 14, every one of the 77 federal and 44 state court appellate decisions interpreting the meaning of “direct physical loss or damage” in a standard-form commercial property insurance policy had …