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Business Interruption Infectious Diseases

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

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

Kaufman & Canoles

Commercial Client Alert – People’s Republic of China’s COVID Policies

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The infamous “zero-Covid policies” of the People’s Republic of China (PRC), the most severe of which were enacted in 2020, have had enormous impact on the global economy and supply chains. The government-imposed restrictions...more

Cooley LLP

Bucking Trend, Courts Find Potential Coverage for COVID-Related Business Interruption Loss

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Since June 2022, policyholders have grown cautiously optimistic as two state appellate courts have ruled in favor of policyholders seeking coverage for business interruption loss stemming from COVID-19. As has been well...more

Lowndes

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

Lowndes on

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

Butler Weihmuller Katz Craig LLP

Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court...

A victory was obtained in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business...more

Burr & Forman

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

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Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...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

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

Bond Schoeneck & King PLLC

Business Insurance Coverage in the Time of COVID

The COVID-19 pandemic has now been with us for almost two years. In that time, it has brought hardships and lost profits to many sectors of the business community, from hotels to restaurants to brick-and-mortar stores. As a...more

J.S. Held

Complexities of Projecting Revenues for Business Income Losses During an Ongoing Pandemic

J.S. Held on

This paper is intended as a supplement to the white paper published last year entitled, “The Approaching Storm: Business Income Losses, Catastrophe Claims, and the Post-COVID Economy,” where the concept of evaluating business...more

Hinshaw & Culbertson - Insights for Insurers

Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

COVID-19 Business Interruption Coverage Litigation - This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more

Hogan Lovells

Insolvenz in Eigenverwaltung – Success Hotel Management GmbH als ein mögliches Modell? Die anhaltenden Auswirkungen der...

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Über zwei Jahre nach Ausbruch der Covid-19-Pandemie sind deren Auswirkungen auf die deutsche Wirtschaft immer noch deutlich spürbar. Insbesondere die Hotelbranche ist von der sogenannten 4. Welle, den derzeitigen...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

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

Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the...

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In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages....more

Carlton Fields

Sixth Circuit Finds No Coverage for Alleged Losses Related to COVID-19

Carlton Fields on

Just like the tidal wave of trial court decisions in favor of insurers in COVID-19 business interruption insurance coverage lawsuits, a similar wave of appellate decisions is now forming. In Dakota Girls LLC v. Philadelphia...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

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

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A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Cozen O'Connor

COVID-19 Business Interruption Claims: First California Court of Appeal Decision Holds That Closure Orders Are Not “Direct...

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California has been a hotbed of litigation regarding COVID-19 business interruption claims.  The vast majority of the trial courts have held in favor of insurers and against businesses.  Now, the California Court of Appeal...more

Cozen O'Connor

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

Cozen O'Connor on

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

Payne & Fears

COVID Insurance Coverage: Herd Immunity for Insurers or is Coverage Spreading?

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When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more

Cozen O'Connor

Insurer Wins First Jury Trial on Coverage for COVID-19 Business Interruption Losses

Cozen O'Connor on

An insurer has won the first jury trial on coverage for Covid-19 business interruption losses after a federal jury in the Western District of Missouri issued a verdict in favor of The Cincinnati Insurance Company in K.C....more

Seyfarth Shaw LLP

Getting ahead of the (COVID) curve

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All the modelling done and released by our governments to support the roadmaps out of lockdowns tell us the same thing: as our businesses and borders reopen, the COVID numbers will increase. We will need to learn to live with...more

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