direct physical loss News

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 …

N.C. Judge First to Favor Policyholders in COVID-19 Closure Lawsuit

A judge in Durham County, North Carolina has handed down what may be the nation’s first dispositive ruling in favor of policyholders in a COVID-19 business-interruption lawsuit. Superior Court Judge Orlando F. Hudson Jr. ruled on Oct. 7 that closure …

Insurers Chalking More Early Wins in COVID-19 Business-Interruption Suits

Insurers have succeeded in dismissing COVID-19 business-interruption lawsuits in 17 out of 23 cases heard so far, with a growing number of judges finding that some tangible alteration of a property is required to trigger coverage under commercial property policies. …

Michigan Suit Brings Another Loss for Plaintiffs with COVID-19 Business Interruption Claims

Another federal court has dismissed a COVID-19 business interruption lawsuit, finding that a closure order does not constitute a covered “direct physical loss” and that the policy excluded damages caused by viruses anyway. The ruling by the U.S. District Court …

Viewpoint: Does Denial of Access to Customers Constitute Covered Damage?

COVID-19 has forced the suspension of thousands of businesses, resulting in widespread economic loss. Many of the businesses that have survived are looking to their insurers to cover their losses. While Covid-19 is a virus, the economic loss sustained by …

Business Owners Can Sue Insurer Over Coronavirus Losses, Missouri Judge Rules

A federal judge in Missouri said on Wednesday a group of hair salons and restaurants can sue their insurance carrier for business interruption losses caused by the coronavirus pandemic, which they say caused a “direct physical loss” to their premises. …

Ralph Lauren Sues to Recoup COVID-19 Closure Losses

Fashion firm Ralph Lauren Corp. is suing its insurer to recoup what it says has been a huge drop of two-thirds of its revenues in the first quarter alone due to the pandemic. Ralph Lauren Corp. (RLC) maintains that Factory …