direct physical loss or damage News

Vermont High Court: COVID Virus, Like Cat Urine, Can Cause Physical Loss

Citing decisions that found insurance coverage was owed for contamination caused by cat urine and gasoline vapors, the Vermont Supreme Court broke from courts across the nation and found that SARS-CoV-2 can cause a direct physical loss to property. The …

Jury Awards $48.5M to Baylor Medical College for COVID Business-Interruption Claim

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 …

S.C. Joins 3 Other State Supreme Courts, Rules No Coverage for COVID-19 Shutdown

The South Carolina Supreme Court on Wednesday became the fourth state high court in the nation to rule that the virus that causes COVID-19 cannot cause a direct physical damage or loss covered by a commercial property insurance policy. The …

Viewpoint: La. and N.Y. Appellate Courts First to Find Physical Loss from COVID-19 Shutdowns

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 …

Calif. Court Breaks String of Insurer Wins, Scolds Peers for Premature Dismissals

A California appellate court broke from its sister jurisdictions — as well as state and federal courts across the nation — and ruled that a hotel owner’s lawsuit seeking coverage for a COVID-19 shutdown may proceed. In an opinion released …

Doctors’ Group Accuse Insurers of Using ‘Junk Science’ to Deny COVID Business Claims

The medical profession in New Hampshire is accusing the insurance industry of using “junk science” in justifying its denials of Covid-related business insurance claims. In an amicus brief in a case between a hotel chain and eight insurers, the New …

Appeals Court First to Rule in Favor of Coverage for COVID Shutdown

The attorney who filed the first U.S. lawsuit seeking insurance coverage for a business shut down because of coronavirus won the first policyholder victory in a state or federal appellate court that interpreted the meaning of “direct physical loss or …

Unusual Policy Language Allows NY Botanical Garden’s COVID Claim to Proceed

A New York appellate court on Tuesday handed a rare policyholder win to the New York Botanical Garden for income lost during COVID-19 shutdowns, noting that the disputed policy language did not require physical damage. The Botanical Garden, a well-known …

US Supreme Refuses to Hear COVID Business Interruption Case

The US Supreme Court decided Monday that it will not hear an appeal of a decision that denied coverage for losses caused by COVID-19 shutdown orders, effectively closing the last door for such claims in the federal court system. The …

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 …