virus exclusion News

Another COVID-19 Business-Interruption Question Goes to Calif. Supreme Court

A federal appellate court is again asking the California Supreme Court to resolve a question about insurance coverage for COVID-19 business shutdowns — this time only on a narrow issue about a virus exclusion. A panel of the 9th Circuit …

Pa. Court Splits on Whether Coverage Owed for COVID Shutdown

A Pennsylvania appellate court ruled Wednesday that a dental practice was entitled to coverage for income lost because of the state’s COVID-19 shutdown, but a tavern was not. Policy language made all the difference in outcomes of the separate Superior …

Viewpoint: La. and N.Y. Appellate Courts First to Find Physical Loss from COVID-19 Shutdowns

There is a hole in the dam. Prior to June 14, every one of the 77 federal and 44 state court appellate decisions interpreting the meaning of “direct physical loss or damage” in a standard-form commercial property insurance policy had …

Conn. Judge Rules No Coverage Owed for Wholesaler’s $100M in COVID Losses

A Connecticut judge ruled that The Hartford did not owe coverage to designer footwear wholesaler Marc Fisher for more than $100 million in losses caused by COVID-19 business closures. Waterbury Judicial District Judge Barbara N. Bellis ruled that government orders …

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 …

Policyholders Digging for ISO Documents to Support COVID-19 BI Claims

Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders. Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to …

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 …

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 …