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Ninth Circuit COVID Coverage Ruling Misapplies Burden Of Proof

In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases. In Mudpie Inc. v. Travelers...more

Déjà Vu All Over Again: Hurricanes Katrina and Ida and the Long and Winding Road to Insurance Recovery

Hurricane Ida made landfall yesterday, exactly sixteen years to the day that Hurricane Katrina landed. Back then, I had just completed a trial in a small Parish next door to New Orleans. Fortunately, my flight home took off...more

COVID Insurance Rulings Are Misinterpreting Physical Loss

All-risks property insurance policies typically insure against direct physical loss of or damage to covered property. If asked, pre-pandemic, whether a policyholder's loss of use of property — in the absence of any...more

NJ Policyholders Could Still See Recovery For COVID Losses

To date, New Jersey courts, both state and federal, handling COVID-19 business interruption insurance cases have ruled on at least 32 dispositive motions. Thirty of those motions were resolved favorably to insurers. Yet,...more

Insurance Recovery Best Practices After a Natural Disaster: Checklist for Policyholders

Gather all applicable insurance policies. Often a single loss can trigger coverage under multiple insurance policies. Examine each loss through the prism of each policy to determine the potential for coverage....more

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