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Property Damage Corporate Counsel

Goldberg Segalla

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

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What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind...more

Houston Harbaugh, P.C.

Third Circuit Finds No Coverage For COVID-related Business Income Losses

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In a January 6, 2023 precedential decision, the Third Circuit ruled in a consolidated appeal of 14 cases that Pennsylvania and New Jersey businesses are not entitled to coverage for Covid-related business interruption losses,...more

Bradley Arant Boult Cummings LLP

When Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?

In Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters Local Union 174, the Washington Supreme Court addressed the issue of whether a union is responsible for property damage incident to a strike. How does that issue...more

Cranfill Sumner LLP

Fourth Circuit Holds Insurer’s Violation of North Carolina Unfair and Deceptive Trade Practices Act Warranted Trebling of...

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On April 18, 2022, the Fourth Circuit Court of Appeals reviewed an insured’s claim against its own property insurer for violation of the North Carolina’s Unfair and Deceptive Trade Practices Act (“UDTPA”) in a rare published...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

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

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At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more

Amundsen Davis LLC

Insurance Coverage For COVID-19 Claims Under D&O Policies

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To date, much of the insurance industry’s focus on the Coronavirus (COVID-19) pandemic has been on business interruption coverage under commercial property insurance policies. There have been numerous lawsuits filed alleging...more

Carlton Fields

Consistent With Nationwide Trend, Recent Decisions Applying Louisiana Law Find COVID-19 Does Not Cause Physical Loss or Damage

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Consistent with the majority of decisions in courts across the country, a number of Louisiana state and federal courts have recently held that COVID-19 does not cause physical loss or damage to property as required for...more

Obermayer Rebmann Maxwell & Hippel LLP

Judge Rules That Business Owner in Pennsylvania Is Entitled To Insurance Coverage for COVID-19 Related Business Losses

Business owners with casualty insurance, business interruption insurance, civil authority insurance (coverage for when a governmental authority denies access to an insured property) or the like and who suffered financial loss...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Relief: Loan Forgiveness Requirements and Loan Review Procedures for Renewed Paycheck Protection Program

On January 19, 2021, the Small Business Administration (SBA) issued a new interim final rule on loan forgiveness and loan review procedures for the Paycheck Protection Program (PPP), as reinitiated by the Economic Aid to...more

ArentFox Schiff

Class Actions Quarterly Update: How Have Plaintiffs’ Class Actions Suing For Coverage for Business Interruptions From Covid-19...

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Our initial alert highlighted various hospitality and service industry businesses suing their insurers to recover for losses arising out of closure and stay-at-home (Civil Authority) orders. Since then, thousands more...more

King & Spalding

PPP Round Three: Second Draws and Second Chances

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On December 27, 2020, Congress passed the Economic Aid Act, another COVID-19 relief bill with changes to the Paycheck Protection Program (“PPP”) and the opportunity for many PPP loan recipients to apply for a second loan,...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Business Interruption Litigation May Be Consolidated for a Select Few

The Joint Panel on Multidistrict Litigation declines petitions for an industry-wide MDL, but will consider four insurer-specific MDLs. In declining the petitions for an industry-wide MDL, the panel concluded that the...more

Jones Day

COVID-19 Ruling Serves as Cautionary Tale for Policyholders to Satisfy Pleading Requirements

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The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more

McCarter & English, LLP

Good News For Businesses Damaged During Riots: Insurance May Cover Your Losses

During the days and weeks following the death of George Floyd at the hands of Minneapolis police officers, protests erupted in every state across the country. Although most of these protests remained peaceful, there were...more

Hinshaw & Culbertson - Insights for Insurers

Insights on the First COVID-19 Coverage Lawsuits

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

Carlton Fields

Ransomware Attack Replacement Costs Are Covered “Direct Physical Loss or Damage” Under Standard Business Owner’s Policy, According...

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A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

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The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Bennett Jones LLP

New Charter Litigation Seeks Stable Climate System

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Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more

Bennett Jones LLP

New Stuff in Climate Change Class Actions

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"You’re asking us to do a lot of new stuff, aren’t you?" Judge Andrew D. Hurwitz of the U.S. Court of Appeals for the Ninth Circuit in Juliana v. United States, June 4, 2019. It has been a busy month for climate change...more

White & Case LLP

Supreme Court finds that UK-domiciled parent company may owe duty of care to third parties for the acts of its foreign...

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On 10 April 2019, the Supreme Court in Vedanta Resources Plc v Lungowe, determined that a UK-domiciled parent company may owe a duty of care to third parties affected by operations of its foreign subsidiary....more

Bennett Jones LLP

Climate Change Litigation Comes to Canada

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On November 27, 2018, a class action lawsuit was filed in Québec seeking relief against the federal government on the basis of its alleged inaction on climate change. The action, commenced by a group called ENvironnement...more

Bradley Arant Boult Cummings LLP

House Bill 1774 Requires Urgent Action by Texas Policyholders to Preserve Coverage for Hurricane Harvey Flood Claims

Even as Hurricane Harvey’s effects continue to unfold, Texas policyholders face another imminent threat. On September 1, 2017, a new Texas law becomes effective that dramatically limits insurance recoveries for Texan...more

Carlton Fields

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

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The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

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