summary judgment News

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 …

Carrier Can Deny Widow’s Claim Because Heart Disease Contributed to Crash Victim’s Death

Zurich American Insurance Co. concluded that heart disease killed Joseph Arruda, not the spine fracture he suffered after his vehicle careened across opposite lanes of traffic and collided with an oncoming vehicle. Zurich denied an accidental death claim filed by …

Lloyd’s May Proceed With Defect Claim Against Manufacturer for Oil Rig Blowout

A federal appellate court revived products liability claims filed by an offshore oil rig operator and its insurer against the manufacturer of a blowout prevention device that failed to prevent a catastrophic blowout that caused $70 million in damages. The …

Self-Insured Retention on Policy Allows Insurer to Deny Contractor’s Claim

A general contractor was unsuccessful in its bid to gain coverage as an additional insured, due to a self-insured retention (SIR) endorsement on a subcontractor’s commercial general liability (CGL) insurance policy. In a decision issued by an Indiana appeals court …

No Homeowner Liability Coverage for an Insured’s ‘Negligent’ Assault, Even if Insured Was Intoxicated

Nicholas Fiocchi sued Ronald Zatyco for assaulting him after a verbal argument between them at a bar earlier the same evening. Fiocchi’s complaint in Pennsylvania state court attempted by artful pleading to capture Zatyco’s parents’ homeowners coverage, alleging that the …