A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more
1/27/2021
/ Business Interruption ,
Business Losses ,
Causation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Financial Conduct Authority (FCA) ,
Hybrid Insurance Policies ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
UK ,
UK Supreme Court
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
Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses. A North Carolina court granted a policyholder summary judgment that a commercial property...more
A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the...more
Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders – a debate intensified by numerous recent coverage claims arising from COVID-19 forced...more
During the days and weeks following the death of George Floyd at the hands of Minneapolis police officers, protests erupted in every state across the country. Although most of these protests remained peaceful, there were...more
The Pennsylvania Supreme Court recently issued an Opinion that, although unrelated to insurance, provides helpful language to which policyholders and their counsel likely will cite in support of arguments for insurance...more
The Pennsylvania Senate has joined the ranks of other states’ lawmakers, as well as Pennsylvania’s House of Representatives, in proposing broad legislation that would assist policyholders that are suffering from the major...more
On April 9, 2020, New Jersey Governor Phil Murphy issued Executive Order 123, providing immediate relief to policyholders of property and casualty, life, health, and dental insurance for nonpayment of premiums due to the...more
Lawmakers in New Jersey, New York, Massachusetts, Ohio, Pennsylvania, and Louisiana have proposed legislation clarifying that property policies’ business interruption coverage extends to losses attributable to the coronavirus...more
Lawmakers in New Jersey, New York, Ohio, and Massachusetts have proposed legislation confirming that property policies’ business interruption coverage extends to losses attributable to the coronavirus pandemic and social...more
Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more