The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more
The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a policyholder’s COVID-19 insurance coverage action in Santo’s Italian Café LLC v. Acuity Insurance Co., No. 21-3068 (6th Cir. Sept. 22,...more
9/27/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Policy Terms ,
Property Damage
The pace of new COVID-19 coverage actions has slowed down in recent months, but new cases continue to be filed. As of August 31, 2021, according to the Penn Law COVID Coverage Litigation Tracker, more than 1,980...more
9/9/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
A New Jersey federal district court recently ruled that there was no coverage under a title agent's errors and omissions policy for losses resulting from an email phishing scam. In Authentic Title Services, Inc. v. Greenwich...more
Approximately 1,300 COVID-19 business interruption and civil authority insurance coverage cases are working their way through federal and state courts throughout the country. Decisions continue to be rendered and tracking...more
In the wake of government quarantine/shut down orders being executed in response to the pandemic, a flurry of bills were introduced in several states to retroactively create—by government fiat—business interruption insurance...more
6/1/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
PA Supreme Court ,
Policy Terms ,
Proposed Legislation
A steady stream of COVID-19-related insurance coverage matters continues to be filed in state and federal courts across the United States. As we have previously discussed in an April 4 update and an April 9 update,...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
4/8/2020
/ Bad Faith ,
Business Closures ,
Business Losses ,
Contamination ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Property Damage ,
Restaurant Industry ,
State Law Claims ,
Theater Productions ,
Tribal Corporations
Restaurants are among the leading wave of business owners filing COVID-19-related business interruption coverage actions. Illinois is now the venue of one such suit...more
An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more
3/27/2020
/ Advertising Injury ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Denial of Insurance Coverage ,
Duty to Defend ,
Emotional Distress Damages ,
Fingerprints ,
Liability Insurance ,
Negligence ,
Policy Exclusions ,
Publication Requirement ,
Reservation of Rights ,
Statutory Violations ,
Unauthorized Disclosure ,
Unjust Enrichment
The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy...more
A Mississippi federal district court became the latest to rule that Computer Fraud Transfer and Funds Transfer Fraud coverages were not applicable to losses resulting from an email phishing scam. In Miss. Silicon Holdings,...more
An insurer recently secured a ruling that it had no obligation to cover a loss incurred as a result of an email phishing scam. In Midlothian Enterprises, Inc. v. Owners Insurance Company, No. 3:19-cv-51 (E.D. Va. Feb. 20,...more
A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more
2/18/2020
/ Banks ,
Corporate Counsel ,
Cybersecurity ,
Denial of Insurance Coverage ,
Financial Institutions ,
Fraudulent Wire Transfers ,
Hackers ,
Insurance Claims ,
Insurance Litigation ,
Phishing Scams ,
Popular ,
Spoofing