Flood Basics still causing pain for some
Nonprofit Basics: Insurance Coverage for the New Nonprofit
The Calm Before the Storm: Planning for Catastrophic Weather Events
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Filing Insurance Claims After the Texas Winter Storm
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Subro Sense - The ABC's of RCV and ACV
WEBINAR: COVID-19 Insurance Coverage Class Actions
What is an Appraisal?
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
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
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
As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business...more
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
Social Inflation - This is the second installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Social inflation continues to be a major...more
Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the...more
The last few years have been a reckoning for the insurance industry. Years of decreasing premiums were incompatible with the reality of frequent and more severe natural catastrophes, increasing jury awards in liability cases,...more
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more
On November 2, 2021, New York Congresswoman Carolyn Maloney reintroduced the Pandemic Risk Insurance Act (“PRIA”) in the U.S. House of Representatives. PRIA would create the Pandemic Risk Reinsurance Program (the “Program”),...more
Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more
The pace of new COVID-19 coverage actions has slowed down in recent months, but new cases continue to be filed. As of August 31, 2021, according to the Penn Law COVID Coverage Litigation Tracker, more than 1,980...more
The first appellate court to consider a COVID-19 business interruption claim has ruled in favor of the insurer holding that coverage for business losses resulting from the COVID-19 pandemic and related government orders is...more
One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered...more
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
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
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
Companies in the United States continue to file business interruption lawsuits against their insurers for claims arising from state and local government shutdown orders in response to the COVID-19 pandemic. At least 1,250...more
Two recent decisions by courts denying motions to dismiss brought by insurers against insureds seeking COVID-19 business interruption coverage could be harbingers for other such decisions due to their focus on the...more
For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more
As the COVID-19 pandemic continues, so does the deluge of litigation stemming from property insurers’ denials of COVID-19 business interruption claims. Much of the debate between carriers and policyholders concerns whether...more
On August 12, 2020, a federal district court delivered a big win for businesses that were shut down due to the COVID-19 pandemic, holding that the presence of COVID-19 on insured property can constitute “direct physical loss”...more
Due to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief. Potentially covered sources of...more
The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more
The ongoing pandemic resulting from the coronavirus or COVID-19, has had a dramatic effect on healthcare providers, including long-term care facilities, resulting in significant financial losses and liability claims. Contrary...more
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