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Business Interruption Property Insurance Policy Exclusions

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

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

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

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

Bricker Graydon LLP on

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

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

Payne & Fears

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

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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

Carlton Fields

New Jersey Federal Court Holds Virus Exclusion Bars Coverage for Car Dealerships’ COVID-19 Losses; Rejects Public Policy Argument...

Carlton Fields on

We previously described a proposed New Jersey bill that was introduced to the state assembly in March 2020 that would require insurers to cover business interruption losses related to the novel coronavirus pandemic. Almost a...more

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

Zelle LLP on

For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

Goodwin

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

Goodwin on

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

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

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

Lathrop GPM

Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

Lathrop GPM on

On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Verrill

Does a property insurance policy still provide coverage if a business does not reopen after the COVID-19 Stay At Home Orders are...

Verrill on

Most property insurance policies in today’s market include a provision that causes coverage to lapse if the property is vacant (as defined by the policy) for a period in excess of 30 days. Fortunately, insurers have generally...more

Eversheds Sutherland (US) LLP

COVID-19-related insurance regulatory developments

The COVID-19 pandemic has prompted a significant amount of insurance regulatory activity for both life and property & casualty insurers. This alert summarizes the current state of some of the most notable COVID-19-related...more

Eversheds Sutherland (US) LLP

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Update)

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

Lathrop GPM

Will Business Interruption Losses From COVID-19 Be Covered By My Insurance?

Lathrop GPM on

The answer is maybe; but you will not know without a thorough review of all potentially applicable policies. You may be hearing in the media, or directly from brokers, insurance adjusters, or risk managers that there is no...more

Nelson Mullins Riley & Scarborough LLP

Best Practices for Investigating and Assessing Insurance Coverage for Business Interruption Losses

No pandemic has impacted the global and US economies on such a scale in so short a period of time as COVID-19. The effects of the virus and business disruptions are being felt across all industry sectors. ...more

Dorsey & Whitney LLP

Insurance Coverage for Costs and Losses Due to the COVID-19 Pandemic: Some Considerations

Dorsey & Whitney LLP on

The novel coronavirus, and the respiratory disease it causes (COVID-19), continue to exact a human toll. As state and national governments fight to mitigate the impact, businesses are also attempting to address the social and...more

Bennett Jones LLP

Will My Insurance Cover COVID-19 Losses?

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In addition to the global health implications of COVID-19, voluntary and mandatory restrictions being implemented in an effort to "flatten the curve" of infection rates are disrupting business operations across a broad range...more

White and Williams LLP

COVID-19: The Real Operation of New Jersey's Proposed Insurance Legislation

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The New Jersey legislature recently introduced a bill designed to compel insurance companies to pay some business interruption claims arising out of the coronavirus. The law’s drafters are aware that, to do so, they are...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

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