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Business Closures Business Interruption

Bennett Jones LLP

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

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In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more

Jackson Lewis P.C.

WARN Act Issues to Navigate for the Restaurant Industry

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Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Ervin Cohen & Jessup LLP

Ninth Circuit Deals Another Blow to Restaurants in COVID-19 Insurance Coverage Case

On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

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Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Hogan Lovells

Schlussstrich in Sachen Betriebsschließungen von Hotellerie/Gastronomie während der Corona Pandemie? Zumindest für die „zweite...

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Das Bundesverwaltungsgericht hat gestern zwei Urteile des Oberverwaltungsgericht des Saarlandes aufgehoben (bislang liegt nur die Pressemitteilung vor), welche die infektionsschutzrechtliche Generalklausel nicht als...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

Lowndes

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

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As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

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In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

BCLP

Neither compensation nor damage claims for corona-related nationwide business closures in spring 2020

BCLP on

Another landmark decision by the German Federal Court of Justice ("BGH") in connection with the COVID 19 pandemic was eagerly awaited. In its ruling of 17 March 2022 - III ZR 79/21, the BGH decided whether the state is liable...more

Hogan Lovells

Covid-19 - Keine staatliche Entschädigung für pandemiebedingte Betriebsschließungen

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Der BGH wies mit seinem Urteil vom 17.03.2022, III ZR 79/21 die Klage eines Hotel- und Gastronomiebetreibers auf Zahlung einer staatlichen Entschädigung für die aufgrund der pandemiebedingten angeordneten Betriebsschließung...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

Kohrman Jackson & Krantz LLP

Restaurants Push for More COVID Relief

Two years ago this week, the country began to shut down due to COVID. Now, thousands of restaurant owners, employees and patrons alike are calling on President Biden to assist in getting another round of restaurant relief...more

Stikeman Elliott LLP

Ontario’s COVID-19 Response: A History of Announced Measures, 2020-2022

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The following is a complete accumulation of our blog postings on Ontario COVID-19 restrictions since 2020, in reverse chronological order. ...more

Cozen O'Connor

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims

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The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287...more

Miller Starr Regalia

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19...

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Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the...more

Stikeman Elliott LLP

New Québec Restrictions as of 5 p.m. today: Restaurant Indoor Dining prohibited, Sunday Closure of Non-essential Businesses and 10...

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As of 5 p.m. today, Québec will impose further restrictions on business and the general public which include the following: closure of restaurant dining rooms; take-out, drive-thru and delivery only permitted...more

Stikeman Elliott LLP

Québec Imposes More New Restrictions as COVID-19 Situation Deteriorates

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The Québec Government has decided to reimpose certain restrictions on business because of the sharp increase in COVID-19 cases associated with the Omicron variant. ...more

Cozen O'Connor

Ninth Circuit Holds COVID-19 Business Interruption Losses Require Direct Physical Damage To The Property

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In March 2020, Mudpie Inc.—a San Francisco children’s store—ceased operations when California Governor Gavin Newsom ordered all “non-essential” businesses to close due to the COVID-19 pandemic. Because of the shut-down,...more

Cozen O'Connor

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses

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In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical...more

Proskauer Rose LLP

Front and Center: Latest SVO Grant Numbers (UPDATED)

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The SBA is currently reviewing SVO Grant applications and issuing awards. As of August 2, 2021, the SBA had made decisions on 97% of all applications. SVO Grant program reports, which detail the number of applications...more

White & Case LLP

COVID-19 – Guidance for International Employers

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Companies and their workforces are facing extraordinary challenges during the period of disruption caused by COVID-19, and Governments around the world are introducing new legislation and guidance on a frequent basis to help...more

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