News & Analysis as of

Property Insurance Property Damage Coronavirus/COVID-19

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

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

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

Cozen O'Connor

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

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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

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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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

Flaster Greenberg PC

Ninth Circuit COVID Coverage Ruling Misapplies Burden Of Proof

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In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases. In Mudpie Inc. v. Travelers...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

Carlton Fields

Consistent With Nationwide Trend, Recent Decisions Applying Louisiana Law Find COVID-19 Does Not Cause Physical Loss or Damage

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Consistent with the majority of decisions in courts across the country, a number of Louisiana state and federal courts have recently held that COVID-19 does not cause physical loss or damage to property as required for...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

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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

Goodwin

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

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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

Melito & Adolfsen

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

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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

Jones Day

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

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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

Stinson LLP

Insurance Coverage for Protest-Related Property Damage & Civil Closure Orders

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As riots have swept across our cities, businesses have suffered direct property losses, including looting, broken storefront glass and signage, damaged inventory and business property, and smoke and fire damage. Businesses...more

Hogan Lovells

COVID-19 UK – Flexibility in insurance policies for property managers

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COVID-19 UK: Many insurance policies require annual lift servicing and water management system servicing. Is there any flexibility in policies for this sort of thing in exceptional circumstances? ...more

Rivkin Radler LLP

State Governments Look to Property Insurers for Small Business Relief

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The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action. And, despite congressional passage of the Coronavirus Aid, Relief, and...more

Butler Snow LLP

Homeowners Liability Insurance Coverage for Coronavirus-Related Claims

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The coronavirus has quickly spurred significant changes in most people’s daily lives and routines. In light of the widespread closure of public places and a growing number of safer-at-home orders, nearly everyone has found...more

Zelle  LLP

Civil Authority Coverage For Coronavirus Claims

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As more and more businesses seek coverage for the loss of income arising from the coronavirus (Covid-19) pandemic, one of the key issues in determining whether there is coverage under commercial property insurance policies...more

White and Williams LLP

“Direct Physical Loss or Damage”: The Gatekeeper to Property Insurance Coverage and COVID-19

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Commentary on insurance coverage for businesses in the wake of coronavirus (COVID-19) has largely, and unsurprisingly, focused on business interruption losses, civil authority provisions, and virus exclusions. However, to get...more

Rivkin Radler LLP

Confronting Business Interruption Claims Resulting from COVID-19

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As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption....more

Cozen O'Connor

Coronavirus: Is There Coverage Under Property Insurance Policies?

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Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries.  As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related...more

Zelle  LLP

Commercial Property Insurance Coverage and Coronavirus

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No modern disease has dominated the news and affected the world-wide economy on such a scale as coronavirus (COVID-19). Coronavirus’s impact is widespread across almost all business sectors. Governments are shutting down...more

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