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Coronavirus/COVID-19 › Policy Terms › Business Losses

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

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In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Rivkin Radler LLP

January 2025 Insurance Update

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We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Kilpatrick

COVID All-Risk Policies

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In a ruling that bucked the national trend, the North Carolina Supreme Court recently held that restaurants’ business interruption losses caused by the COVID shutdown were covered under an all-risk property policy. North...more

Houston Harbaugh, P.C.

Supreme Court Of North Carolina Holds That Losses Caused By The COVID-19 Shutdown Orders Are Direct Physical Loss Covered By...

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On December 13, 2024, the Supreme Court of North Carolina broke with the nationwide trend, holding that, absent a virus exclusion, commercial property insurance policies cover losses covered by the shutdown orders issued in...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

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Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more

Houston Harbaugh, P.C.

Third Circuit Shuts Down Policyholder’s Requests for Insurance Coverage for COVID-19 Related Business Losses

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Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related...more

Kennedys

Pennsylvania Supreme Court finds no coverage for COVID-19 business interruption losses

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In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19...more

Dinsmore & Shohl LLP

Pennsylvania Supreme Court Rules COVID Business Interruption Claims Aren't Covered by Commercial Property Policies

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In a long-awaited decision, the Pennsylvania Supreme Court has held that “direct physical loss” language in commercial property policies is not ambiguous and that COVID-related business-interruption claims do not trigger the...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Cadwalader, Wickersham & Taft LLP

COVID Decision of Interest

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In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Kennedys

New Jersey Supreme Court rules that COVID-19 business interruption claims may be dismissed at the pleadings stage

Kennedys on

In a unanimous opinion issued yesterday, the New Jersey Supreme Court joined the majority of other courts to hold that business interruption losses related to the COVID-19 pandemic are not covered under the standard language...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

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This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Ervin Cohen & Jessup LLP

Ninth Circuit Deals Another Blow to Restaurants in COVID-19 Insurance Coverage Case

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On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Marshall Dennehey

Third Circuit Holds that Commercial Property Policies Do Not Provide Coverage for Businesses’ COVID-19 Closure Claims

Marshall Dennehey on

On January 6, 2023, the Third Circuit Court of Appeals handed down a unanimous opinion in Law Offices of Rhonda H. Wilson, et al. v. USI Insurance Service, et al., which was drafted by Judge Michael A. Chagares. The case is...more

Quinn Emanuel

Victory for AIG in Covid-19 Business Interruption Case

Quinn Emanuel on

The firm recently scored a significant victory for AIG unit American Home Assurance Company in a high-profile COVID-19 business interruption case brought by Spirit Airlines in the New York State Supreme Court, New York County...more

Maron Marvel

The Implications of Covid-19 on Insurance Coverage as it Relates to Business Interruption Claims and Force Majeure Clauses

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Perhaps since the very first executive order came out ordering businesses to close amid the early stages of the Covid-19 pandemic, attorneys have been holding their breath, waiting to see how Covid-19 would play out in terms...more

Quinn Emanuel

Insurance Litigation Update - October 2022

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COVID-19 Insurance Coverage Disputes Reach the Appellate Bench - Since businesses began suffering losses from the COVID-19 pandemic and associated governmental restrictions in early 2020, over 2,300 lawsuits have been...more

Kennedys

Oklahoma Supreme Court joins majority of COVID-19 decisions and finds for insurer in COVID-19 coverage dispute with Cherokee...

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The Oklahoma Supreme Court is the most recent state high court to hold that property insurance policies do not provide coverage for COVID-19 related business interruption losses. In Cherokee Nation v. Lexington Insurance...more

Wiley Rein LLP

First Circuit Joins Other Circuits in Finding COVID-19-Related Losses Do Not Trigger “Business Interruption Coverage” Under...

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In a win for Wiley’s client, the United States Court of Appeals for the First Circuit upheld the grant of an insurer’s motion to dismiss, applying Massachusetts law and finding that economic losses related to the COVID-19...more

Gould + Ratner LLP

Illinois Appellate Court Denies Business Interruption Insurance Claim Related to COVID-19

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In the wake of the COVID-19 pandemic, many businesses across the country filed claims for business interruption coverage with their insurance carriers, most, if not all of which, were denied. Indeed, by the end of June 2021,...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

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On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

Steptoe & Johnson PLLC

Fourth Circuit Upholds Dismissal of Insurance Claim for Pandemic Related Business Losses

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In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West...more

J.S. Held

Complexities of Projecting Revenues for Business Income Losses During an Ongoing Pandemic

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This paper is intended as a supplement to the white paper published last year entitled, “The Approaching Storm: Business Income Losses, Catastrophe Claims, and the Post-COVID Economy,” where the concept of evaluating business...more

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