For 40 years, the federal courts have deferred to the statutory construction adopted by administrative agencies where an authorizing statute was either ambiguous or left a gap that required further interpretation. In such...more
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
9/29/2021
/ Business Interruption ,
Business Losses ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance
Courts universally favor insureds in coverage disputes with insurance companies. After all, insurance companies are big, they hire lawyers and they write the policies that control coverage....more
In a relatively concise ruling, the 8th Circuit U.S. Court of Appeals issued the first U.S. Appellate Court decision on insurance coverage for COVID-19 related claims. The 8th Circuit ruling affirmed that the insurance policy...more
The outbreak of COVID-19 tuition refund class actions is as virulent as the pandemic that inspired them. In just one week, the number of tuition refund class actions against colleges and universities nearly doubled from 60 to...more
Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to...more
5/13/2020
/ Breach of Contract ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
FRCP 23 ,
Refunds ,
Reimbursements ,
Student Housing ,
Students ,
Tuition ,
Universities