News & Analysis as of

Insurance Claims Property Damage Coronavirus/COVID-19

J.S. Held

Gross Profit Calculation Challenges in Business Interruption Insurance After UAE Floods and COVID-19

J.S. Held on

Often, forensic accountants face practical challenges when calculating business interruption (BI) losses. These issues have been highlighted by recent claims following COVID-19 and the 2024 storm in the UAE which caused...more

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

Farella Braun + Martel LLP

Texas Case Shows Why Juries Are Well-Suited To COVID Suits

A pending case in Texas illustrates why COVID-19 business interruption claims need to be decided by juries in light of case-specific facts, not by judges using a one-size-fits-all approach. Originally published in Law360 -...more

Alston & Bird

Insurance Insights for the Cold, Dark Winter Nights

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...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

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...

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

Houston Harbaugh, P.C.

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

Houston Harbaugh, P.C. on

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

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...

Flaster Greenberg PC on

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

Kennedys

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

Kennedys on

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

White and Williams LLP

Crisis Averted! Pennsylvania Supreme Court Joins Other Courts in Finding that Covid-19 Presents No Physical Loss or Damage for...

White and Williams LLP on

Seeking to find some relief from business losses experienced during the COVID-19 pandemic, many businesses turned to their property insurers for coverage for their lost income. A clear national trend emerged among courts...more

Houston Harbaugh, P.C.

Supreme Court Of Pennsylvania in Ungarean Case Holds There Is No Coverage For Losses Caused By The COVID‑19 Shutdown Orders

Houston Harbaugh, P.C. on

On September 26, 2024, Pennsylvania joined the majority of jurisdictions nationwide in holding that commercial property insurance policies do not cover losses caused by the government shutdown orders issued in response to 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

Cozen O'Connor

Claims Notes

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New York Department of Financial Services (DFS) is concerned that AI’s self-learning behavior increases the risks of unlawful or unfair discrimination. DFS will audit insurers’ use of AI. Such insurers need to maintain...more

Adams & Reese

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Adams & Reese on

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases,...more

Cozen O'Connor

Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant

Cozen O'Connor on

COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 939...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

Houston Harbaugh, P.C.

Third Circuit Finds No Coverage For COVID-related Business Income Losses

Houston Harbaugh, P.C. on

In a January 6, 2023 precedential decision, the Third Circuit ruled in a consolidated appeal of 14 cases that Pennsylvania and New Jersey businesses are not entitled to coverage for Covid-related business interruption losses,...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - July 15, 2022

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While not from the California Supreme Court, we are reporting on a decision from the California Court of Appeal because of its importance to myriad COVID-19 insurance coverage actions currently being litigated in California. ...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Wiley Rein LLP

Louisiana Federal Court Latest to Find Pandemic-Related Losses Not to Trigger “Business Interruption Coverage” Under Commercial...

Wiley Rein LLP on

In a win for Wiley’s client, the United States District Court for the Eastern District of Louisiana, applying Louisiana law, granted an insurer’s motion to dismiss with prejudice, finding that an insured hotel’s economic...more

Cozen O'Connor

Second Circuit Holds No Coverage for COVID-19 Business Interruption Losses

Cozen O'Connor on

The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the...more

Cozen O'Connor

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims

Cozen O'Connor on

The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287...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

Lowenstein Sandler LLP

Out With a Bang: Current State of Play on Coverage for COVID-Related Losses

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For our last episode of 2021, Lynda, joined by Insurance Recovery Group attorneys Eric Jesse and Joseph Saka, close out the year with a BANG! …a year in review of the COVID-related coverage rollercoaster policyholders have...more

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