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Coronavirus/COVID-19 › Property Insurance › 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 -
Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

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

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

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The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Payne & Fears

COVID-19 Does Not Constitute Direct Physical Loss or Damage to Property

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The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet...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

Nutter McClennen & Fish LLP

Massachusetts’ Highest Court Affirms Ruling Against Restaurants Seeking Insurance Coverage for Losses Arising from COVID-19 Dining...

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In Verveine Corp., et al., v. Strathmore Insurance Company, et al., the Massachusetts Supreme Judicial Court (SJC) held that claims for business losses made by three restaurants arising from COVID-19 dining restrictions were...more

Hinshaw & Culbertson - Insights for Insurers

Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

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COVID-19 Business Interruption Coverage Litigation - This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

Cozen O'Connor on

At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

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In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Flaster Greenberg PC

COVID Coverage Suits In NJ Prove Tough For Policyholders

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Shareholder Matthew A. Goldstein was quoted extensively in a Law360 article covering COVID coverage cases in New Jersey. New Jersey federal and state courts have proven to be troublesome for policyholders in coverage...more

Zelle LLP

COVID Rulings May Support Ransomware Insurance Denials

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Ransomware attacks were already on the rise prior to the COVID-19 pandemic, but the prevalence of such cyberattacks substantially increased during the pandemic due, in part, to additional security risks associated with the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2021

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WDNY Follows Other New York Courts Holding That COVID-19 Losses Are Not Covered- The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed...more

Carlton Fields

New Jersey Federal Court Holds Virus Exclusion Bars Coverage for Car Dealerships’ COVID-19 Losses; Rejects Public Policy Argument...

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We previously described a proposed New Jersey bill that was introduced to the state assembly in March 2020 that would require insurers to cover business interruption losses related to the novel coronavirus pandemic. Almost a...more

Zelle LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

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On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

Zelle LLP

Spa Virus Coverage Ruling Misses The Mark

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In response to the wave of litigation over COVID-19-related business income claims, an overwhelming majority of courts considering the relevant policy language — approximately 80% — have found no coverage as a matter of law...more

Goodwin

COVID-19 Business Interruption Suits: An Overview Of Decisions To Date

Goodwin on

The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

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The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Jones Day

Policyholders Notch Victory in Fight for COVID-19-Related Business Interruption Insurance Coverage

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The Situation: Although COVID-19-related insurance coverage litigation is still in its early stages, there are now well over 1,200 lawsuits pending across the United States and Europe, which seek to recover billions of...more

Lathrop GPM

Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

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On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

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Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Moore & Van Allen PLLC

Pandemic Risk Insurance Act of 2020 Introduced in Congress – A Federal Backstop for Business Interruption and Event Cancellation...

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After months of discussion and drafting, H.R.7011, the Pandemic Risk Insurance Act of 2020 (PRIA) was introduced by Representative Carolyn Maloney and twenty co-sponsors on May 26, 2020. If passed as currently drafted, the...more

Lathrop GPM

[Webinar] Insurance Recovery Legislative Update - June 16th, 12:00 pm - 1:00 pm CDT

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Policyholders whose businesses have been interrupted as a result of the COVID-19 pandemic have made claims under their property insurance policies for loss of business income, but they are almost universally denied. As the...more

Burr & Forman

White Paper: Commercial Property Insurance Claims in Response to COVID-19

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Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations,...more

Carlton Fields

WEBINAR: COVID-19 Insurance Coverage Class Actions

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Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic. In the last two weeks, the new trend has...more

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