motions to dismiss News

Businesses Filing More COVID Lawsuits and the Stakes are Higher

The anniversary of COVID-19 shutdown orders brought an upturn in both the number of business-interruption lawsuits against insurers and the amount of damages they are claiming. In the past month: A New Jersey hospital system, RWJBarnabas Health, sued Zurich American …

Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits

To anyone keeping score, it appears that insurers are crushing policyholders who sued for business income lost because of COVID-19 restrictions. As of Tuesday, insurers had won 147 motions for dismal or summary judgment in state and federal courts, according …

Policyholders With Endorsements for Diseases Survive Motions to Dismiss COVID-19 Claims

While insurers continue to win four out of five cases in early rounds, in the past month two property owners with policies that contained endorsements specifically providing coverage for diseases survived motions to dismiss their COVID-19 business interruption claims. On …

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 …