Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
As the second quarter of 2021 continues, one thing is clear: COVID-19 business interruption claims are here to stay for the foreseeable future. Some legislators have proposed bills that would force insurers to cover certain...more
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
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
With recent severe weather events in Texas and other states causing significant property damage and business disruptions, companies should consider how their insurance coverage, including business interruption and supply...more
At the start of 2021, one thing is clear: COVID-19 will continue to play a major part in insurance coverage litigation trends in the new year. Until now, the main focus has been on claims for lost business income due to...more
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
In this 30th issue of Unprecedented, our weekly update on COVID-19-related litigation, we continue to see cases challenging shutdown orders and capacity limits from restaurant and other business owners, including a possible...more
Two recent opinions addressed the trigger of coverage language requiring a “direct physical loss.” In Mama Jo’s Inc., d.b.a Berries v. Sparta Insurance Company, the Eleventh Circuit Court of Appeals affirmed summary judgment...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
This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more
As the latest in a series of similar bills introduced by the legislatures of various states, California Assembly Bill 1552 would create important rebuttable presumptions affecting the burden of proof and supporting coverage...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 answer to this question will depend upon the language of your policy. Most business interruption insurance policies, however, will have coverage language and exclusions that will make it unlikely for a COVID-19 claim to...more
Since our prior post from last week, additional COVID-19 coverage lawsuits have been filed throughout the United States, and themes and insights concerning theories of coverage continue to emerge. At least four new...more
As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more
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
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
In this time of the COVID-19 pandemic, there are many questions about insurance coverage. Because each policy is different, it is very difficult to generalize about insurance coverage. However, one thing we know to be true is...more
When the Governor of Louisiana issued a COVID-19 proclamation postponing or canceling certain gatherings of 250 or more people, the owners of the Oceana Grill, a restaurant in the heart of the French Quarter, filed a lawsuit...more
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
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
The novel coronavirus 2019 (COVID-19) has disrupted events, supply chains, sales, and entire industries. As a result, businesses will likely look to their property insurers to recuperate lost business income, as well as...more
Among the legal issues presented by the coronavirus outbreak is the extent to which insurance policies may provide relief for virus-related losses. Proactive businesses are reviewing the specific risks they face and looking...more
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
Wells Fargo’s latest CEO, Charles Scharf—the bank’s third chief in the past four years—faced a hostile but less pitchfork-and-torch wielding House Financial Services Committee hearing on Tuesday, distancing himself from his...more