summary judgment News

Court Asks if Exclusive Remedy Exception Applies to ‘Intentional’ Lead Poisoning

Utah workers are allowed to sue their employers for an injury caused by their employer’s intentional act. That exception to the exclusive remedy of the state Workers’ Compensation Act was carved out by a state supreme court decision in 1975. …

Contrary Judges Resist ‘Herding Behavior’ for COVID-19 Claims

Insurers continue to prevail in the vast majority of lawsuits that seek business-interruption coverage for income lost during COVID-19 shutdowns, but a small minority of state court judges are taking a contrary view. On Monday, Cook County Circuit Court Judge …

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 …

7th Circuit: Insurer Must Defend Horse Farm From Lawsuit Over Golf Cart Accident

An insurer must defend an Illinois equestrian business from a lawsuit filed by a man who was injured when he was run over by a golf cart operated by an employee who was chasing a loose horse, a federal appellate …

Judge Dismisses Hundreds of Washington State Business Interruption Claims

A federal judge in Seattle has dismissed lawsuits filed by hundreds of Washington state businesses seeking insurance coverage for revenues lost because of COVID-19 public health orders. U.S. District Judge Barbara J. Rothstein on Friday granted insurers’ motions to dispose …

8th Circuit Upholds Dismissal of Insurance Executive’s Whistleblower Suit

A federal appellate court upheld the dismissal of a whistleblower lawsuit filed by an insurance executive who was fired after allegedly submitting false expense reports and encouraging employees under him to do the same. A panel of the 8th Circuit …

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 …

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 …

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 …

Judge Blocks Twitter’s Bid to Reveal Govt Surveillance Requests

Twitter Inc will not be able to reveal surveillance requests it received from the U.S. government after a federal judge accepted government arguments that this was likely to harm national security after a near six-year long legal battle. The social …