News & Analysis as of

Loss Causation Insurance Litigation

Lathrop GPM

Excuse the Interruption

Lathrop GPM on

All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

McCarter & English, LLP

A Tale Of Two Policies: How Careful Interpretation Impacts Coverage Determinations

Two recent COVID-19 insurance decisions highlight how different interpretations of the same few policy words can result in one policyholder losing the coverage for which it paid. In Henderson Road Restaurant Systems, Inc. v....more

Fox Rothschild LLP

NC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses

Fox Rothschild LLP on

Back at the start of the pandemic, this Blog took a brief look at how the anticipated flood of business interruption insurance claims might play out under North Carolina Law: These cases are now winding their way through...more

Ervin Cohen & Jessup LLP

Ruling May Shed Light On Physical Losses and COVID-19

In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more

Cozen O'Connor

From Birdseed to Crop Dusting, Liability-Triggering Event Determines Number of Occurrences

Cozen O'Connor on

Texas applies the “cause” test to determine the number of accidents or occurrences, but its emphasis on the “liability-triggering event” requires an analysis of intervening causes. The Fifth Circuit Court of Appeals...more

Cozen O'Connor

Iowa Court: Anti-Concurrent Causation Language Mandates That the Jury Determine Whether an Excluded Peril Was One Cause of the...

Cozen O'Connor on

Last month, we discussed a recent Texas Supreme Court decision that enforced an anti-concurrent causation (ACC) clause.  The month of April also saw a unanimous panel on Iowa’s intermediate level appellate court do the same...more

Cozen O'Connor

Anti-Sequential Causation Clause Upheld in Hurricane Irene Case in New Jersey

Cozen O'Connor on

In Ashrit Realty, LLC v. Tower National Ins. Co., 2015 WL 248490, 2015 N.J. Super. Unpub. LEXIS 107 (N.J.Super.Ct., App.Div., Jan. 20,  2015), New Jersey’s Appellate Division held that an anti-concurrent/anti-sequential...more

7 Results
 / 
View per page
Page: of 1

"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