direct physical loss News

Restaurants Ask N.C. Supreme Court to Bypass Appeals Court in COVID Win

A group of North Carolina restaurants and an industry group are asking the North Carolina Supreme Court to bypass the Court of Appeals and take up an insurer’s appeal of a trial court decision that found coverage was owed for …

Conn. Judge Rules No Coverage Owed for Wholesaler’s $100M in COVID Losses

A Connecticut judge ruled that The Hartford did not owe coverage to designer footwear wholesaler Marc Fisher for more than $100 million in losses caused by COVID-19 business closures. Waterbury Judicial District Judge Barbara N. Bellis ruled that government orders …

N.H. Hotel Group Chalks Rare Win in Pandemic-Related Business Interruption Lawsuit

CONCORD, N.H. (AP) — A judge has ruled in favor of a group of hotels whose owners sued their insurance carriers over lost business during the coronavirus pandemic. Businessman Mark Stebbins of Schleicher & Stebbins Hotels, LLC, one of the …

In Rare Policyholder Win, Texas Judge Refuses to Dismiss Theater Chain’s COVID Lawsuit

A federal judge in Sherman, Texas on Wednesday ruled against an insurer that sought to dismiss a $500 million COVID-19 business-interruption lawsuit by the nation’s third-largest chain of movie theaters. The decision broke a month’s-long losing streak for policyholders seeking …

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 …

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 …

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 …

Viewpoint: Key Property Loss Provisions Attorneys Keep Forgetting

Are you tired of talking about COVID? I am. Are you as tired of the COVID business income coverage debates? I am. Because I’m so worn out, this article focuses on ONE, ok two, key policy provisions every attorney and …

Viewpoint: Riots Expose Serious Deficiencies in Property Insurance Policies

The riots that took place in the Minneapolis-St. Paul area during the George Floyd protests caused serious damage to many buildings. Several building owners, to their dismay, found their property insurance policies failed to properly respond to the debris removal …

The Key to Winning COVID Business-Interruption Claims: Say the Virus is Present

Policyholder attorneys pursuing COVID-19 business-interruption claims are hoping to persuade judges to accept a premise that many Americans appear to doubt: The novel coronavirus is physically present on property and poses an imminent danger to the public. Pleadings that state …