February 7, 2023
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 …
December 1, 2022
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 …
August 4, 2022
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 …
June 24, 2021
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 …
June 3, 2021
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 …
June 1, 2021
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 …
February 24, 2021
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 …
January 11, 2021
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 …
January 4, 2021
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 …
December 16, 2020
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 …