News & Analysis as of

Property Insurance Commercial Insurance Policies Coronavirus/COVID-19

Ballard Spahr LLP

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

Ballard Spahr LLP on

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...

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

Lowndes

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

Lowndes on

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

Hinshaw & Culbertson - Insights for Insurers

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

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

Hinshaw & Culbertson - Insights for Insurers

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

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

Miller Starr Regalia

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19...

Miller Starr Regalia on

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

Woodruff Sawyer

Looking Ahead to 2022: Property & Casualty Considerations For The Coming Year

Woodruff Sawyer on

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

Payne & Fears

COVID Insurance Coverage: Herd Immunity for Insurers or is Coverage Spreading?

Payne & Fears on

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

Troutman Pepper Locke

Rep. Carolyn Maloney Reintroduces the Pandemic Risk Insurance Act

Troutman Pepper Locke on

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

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

Zelle LLP on

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

Hinshaw & Culbertson - Insights for Insurers

Insurers Prevail in First Two U.S. Appellate Court Decisions

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

Cozen O'Connor

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage

Cozen O'Connor on

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

Payne & Fears

COVID Insurance Coverage One Year Later – Herd Immunity for Insurers or is Coverage Spreading for Policyholders?

Payne & Fears on

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

Jaburg Wilk

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

Jaburg Wilk on

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

Gould + Ratner LLP on

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

Jones Day on

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

Womble Bond Dickinson

COVID-19 Shutdowns, Related Litigation Put Pressure on Business Interruption Insurers

Womble Bond Dickinson on

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

Neal, Gerber & Eisenberg LLP

Policyholder Wins in Missouri and Florida Represent a Major Boon for Insureds Seeking COVID-19 Business Interruption Coverage

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

Melito & Adolfsen

The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.

Melito & Adolfsen on

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

Carlton Fields

Eleventh Circuit Finds No “Direct Physical Loss” to Dust-Covered Restaurant that Merely Required Cleaning

Carlton Fields on

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

Neal, Gerber & Eisenberg LLP

Encouraging News for Policyholders Seeking Coverage for COVID-19 Business Interruption Losses

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

Perkins Coie

Higher Education COVID-19 Losses: Property and Business Interruption Insurance Policies Should Provide Relief

Perkins Coie on

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

Jones Day

COVID-19 Ruling Serves as Cautionary Tale for Policyholders to Satisfy Pleading Requirements

Jones Day on

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

Lathrop GPM

COVID-19 Insurance Considerations for Healthcare Providers, Including Long-term Care Facilities – Tips for Identifying and...

Lathrop GPM on

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

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

41 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide