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NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property...

Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a...more

Does a CGL Policy’s “Business Description” or “Class Code” Limit Coverage?

One way a CGL insurer can narrow otherwise broad bodily injury and property damage coverage is by activity. Activities that face similar risk can be grouped using an activity classification code, which can be incorporated...more

NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision

Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of...more

Policyholders’ Counsel Test “Mother of All” Covid-19 Coverage Suits in a Bid to Block Insurers’ Path to Federal Court

Covid-19 has caused trillions in business losses. Whether those losses are covered by commercial property insurance is an existential issue for both policyholders and insurers....more

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