In the wake of government quarantine/shut down orders being executed in response to the pandemic, a flurry of bills were introduced in several states to retroactively create—by government fiat—business interruption insurance...more
6/1/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
PA Supreme Court ,
Policy Terms ,
Proposed Legislation
As COVID-19 coverage lawsuits continue to be filed across the country, there have been some significant pro-insurer developments over the past few weeks that are worth noting.
The Louisiana State Senate has shelved the...more
On May 21, 2020, Illinois Representative Kelly M. Burke filed an amendment to Senate Bill 2135. Among other things, the proposal would amend the Administrative Code of Illinois to require the Illinois Department of Insurance...more
Over the past several weeks, we've seen legislators introduce bills to retroactively rewrite existing insurance policies to provide coverage for COVID-19 claims, and a flood of insurance coverage complaints filed across the...more
On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more
4/20/2020
/ Bad Faith ,
Business Interruption ,
Coronavirus/COVID-19 ,
Department of Insurance ,
Infectious Diseases ,
Insurance Agents ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Notice Requirements ,
Policy Exclusions ,
State and Local Government
On March 26, 2020, California's Department of Insurance (the "Department") issued an "urgent data survey" to all admitted and non-admitted insurance companies, seeking information about coverage for COVID-19 business...more
The coronavirus (COVID-19) pandemic continues to wreak havoc across the globe and in the United States, bringing with it panic, sickness, and mass mortality. The U.S. health care system is under strain and the situation is...more
In a March 18, 2020 letter to insurance industry and broker associations, a bi-partisan group of United States Congress Members urged commercial property insurers to provide business interruption coverage for COVID-19-related...more
The Bellefonte Cap -
The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more
3/9/2020
/ Appeals ,
Contract Interpretation ,
Declaratory Relief ,
Evidentiary Hearings ,
Insurance Industry ,
Insurance Litigation ,
Liability Caps ,
Policy Terms ,
Reinsurance ,
Reinsurance Agreements ,
State Law Claims ,
Subsequent Litigation
An insurer recently secured a ruling that it had no obligation to cover a loss incurred as a result of an email phishing scam. In Midlothian Enterprises, Inc. v. Owners Insurance Company, No. 3:19-cv-51 (E.D. Va. Feb. 20,...more
On December 14, 2017, the New York Court of Appeals issued a unanimous decision in Global Reinsurance Corporation of America v. Century Indemnity Co. in which it answered a certified question from the United States Court of...more