physical loss News

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 …

Viewpoint: Rulings on COVID-19 Closure Orders May Impact Business Interruption Claims

Business closure and stay-at-home orders have faced legal challenges based on putative Constitutional claims across several states. Several decisions have now been issued that construe the legal authority of state government to required closure of businesses and/or compel prospective customers …

Smell May Constitute Physical Loss Under Policy

The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under a homeowner’s insurance policy as long as the smell distinctly and demonstrably changed the condition of the property. The decision represents an important …