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White and Williams LLP

Top Developments: 2025 - Issue 2

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Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

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The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

Carlton Fields

Recent Denial of Business Interruption Coverage to Cannabis Manufacturer Highlights Importance of Diving Into the Weeds of...

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In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

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It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Bradley Arant Boult Cummings LLP

North Carolina Supreme Court: Government-ordered business closures during COVID-19 lockdowns constitute 'direct physical loss'...

Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North...more

Maison Law

Tips on Filing a California Wildfire Insurance Claim

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Those who have seen their lives go up in smoke due to the recent California wildfires, it may seem like the burden of rebuilding is daunting enough without the added challenge of dealing with an insurance company....more

K&L Gates LLP

California Wildfires—Insurance Tips for Policyholders

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The recent wildfires in California have clearly had a catastrophic impact, destroying a vast number of homes and business premises across the region. Homeowners and businesses may have limited means to protect against...more

Jones Day

Navigating Insurance for the Los Angeles Wildfires: What You Need to Know

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The Los Angeles wildfires, which began on January 7, 2025, have caused widespread devastation, destroying homes, businesses, and communities, while displacing thousands of residents. Insured loss estimates currently exceed...more

Kilpatrick

COVID All-Risk Policies

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In a ruling that bucked the national trend, the North Carolina Supreme Court recently held that restaurants’ business interruption losses caused by the COVID shutdown were covered under an all-risk property policy. North...more

Procopio, Cory, Hargreaves & Savitch LLP

Understanding Business Interruption Insurance: What Those Impacted by the LA Fires Need to Know

The recent fires in Los Angeles have left many businesses grappling with significant disruptions. For business owners, navigating the aftermath of such a catastrophe often includes understanding how their insurance policies,...more

Buchalter

I Just Lost My Home or Business to a Fire, What Do I Do Next?

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Take a deep breath. Losing one’s home or business to a fire is devastating and the road to recovery will be long and winding. First and foremost, you need to take care of yourself and your family. Make sure everyone is safe,...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

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As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 20 - December 2024

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Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

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Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more

Houston Harbaugh, P.C.

Third Circuit Shuts Down Policyholder’s Requests for Insurance Coverage for COVID-19 Related Business Losses

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Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related...more

Kennedys

Pennsylvania Supreme Court finds no coverage for COVID-19 business interruption losses

Kennedys on

In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19...more

Dinsmore & Shohl LLP

Pennsylvania Supreme Court Rules COVID Business Interruption Claims Aren't Covered by Commercial Property Policies

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In a long-awaited decision, the Pennsylvania Supreme Court has held that “direct physical loss” language in commercial property policies is not ambiguous and that COVID-related business-interruption claims do not trigger the...more

Morgan Lewis

Essential Insurance Recovery Strategies for Retail and Energy Companies in a Year of Extreme Weather

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The influx of severe weather events throughout 2024, including most recently Hurricane Helene, demonstrates the need for retail and energy companies to shore up commercial property and business interruption insurance. This...more

K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

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Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

K&L Gates LLP

Litigation Minute: Extreme Weather and Natural Disasters: Insurance Tips for Commercial Policyholders (ESG Litigation Series: Part...

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What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural...more

Bradley Arant Boult Cummings LLP

Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance Policies

Summertime. The kids are getting out of school. Maybe you have a vacation planned. Down here in Florida, we make early preparations for the annual “it’s going to be the worst hurricane season on record” reports...more

Cadwalader, Wickersham & Taft LLP

COVID Decision of Interest

In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more

Jones Day

What About Your Suppliers? Insuring Against Climate Risks to Your Supply Chain

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More than 20 storms—11 of which will become hurricanes, and 5 of which will become Category 3 or greater hurricanes. That's one prediction for the Atlantic hurricane season. Not to worry, you say. Your operations are located...more

K&L Gates LLP

Extreme Weather and Natural Disasters - Insurance Tips for Commercial Policyholders

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Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more

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