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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
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
Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting...more
The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration. Juries, not judges, get to...more
Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more