direct physical loss or damage News

Calif. Appellate Ct. Revives Suit Seeking Coverage for Income Lost During COVID Shutdown

A California appellate court ruled again Monday that the SARS-CoV-2 virus can cause direct physical loss or damage to property, notching a rare policyholder for a real estate business seeking coverage for business income lost because of the COVID-19 pandemic. …

Theater Owner and Insurer Agree to Drop Litigation over COVID Claims

An owner of Broadway theaters and Pacific Indemnity Insurance Co. have voluntarily agreed to end their remaining litigation over COVID-19 coverage claims. Under the stipulation filed May 11, each party will bear its own attorneys’ fees and other costs. The …

WSJ: Hedge Funds Investing in COVID Business-Interruption Claims

Multiple hedge funds are making long shot bets on COVID-19 business-interruption claims, despite a long string of losses in state and federal courts, according to a report by Wall Street Journal. The newspaper, citing anonymous sources, reported Thursday that Avenue …

Show Must Go On for Broadway Theaters’ Covid Loss Claim, Federal Judge Rules

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 …

Conn. Supreme Court Upholds Insurers in COVID Business Loss Appeals

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 …

Ohio Supreme Ct. Rules No Coverage Owed for COVID Business Shutdown

The Ohio Supreme Court ruled Monday that COVID-19 cannot cause any direct physical damage or loss that is covered by a commercial property insurance policy, joining nine other state high courts that have rejected similar business-interruption claims. The Ohio court …

Pa. Court Splits on Whether Coverage Owed for COVID Shutdown

A Pennsylvania appellate court ruled Wednesday that a dental practice was entitled to coverage for income lost because of the state’s COVID-19 shutdown, but a tavern was not. Policy language made all the difference in outcomes of the separate Superior …

Court Dismisses 32 COVID-19 Business Insurance Cases Against Erie Insurance

A federal judge has dismissed 32 lawsuits over COVID-19 business interruption insurance claims against Erie Insurance, concluding the claimants failed to “plausibly plead” that they are entitled to coverage under their Erie policies. The ruling by U.S. District Judge Mark …

Federal Judge Dismisses Multiple Pennsylvania COVID-19 Claims

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 …

Judge Nixes Mars COVID-19 Insurance Bid But Leaves $1M Door Ajar

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 …