News & Analysis as of

Property Insurance Coronavirus/COVID-19

Payne & Fears

COVID-19 Does Not Constitute Direct Physical Loss or Damage to Property

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The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

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DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

BakerHostetler

Insurance Class Action Update - 2023 Q1

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This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more

Downs Rachlin Martin PLLC

Insurance Law: The Vermont Supreme Court Weighs in on COVID Claims

On September 23, 2022, the Vermont Supreme Court issued an opinion reversing the dismissal of insurance claims seeking coverage for damage the insured argued was caused by the SARS-CoV-2 virus. Huntington Ingalls Indus.,...more

Kennedys

Oklahoma Supreme Court joins majority of COVID-19 decisions and finds for insurer in COVID-19 coverage dispute with Cherokee...

Kennedys on

The Oklahoma Supreme Court is the most recent state high court to hold that property insurance policies do not provide coverage for COVID-19 related business interruption losses. In Cherokee Nation v. Lexington Insurance...more

Saul Ewing LLP

Dismissals of COVID-19 Business Interruption Claims Upheld by Appellate Courts

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Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Association of Insurance Commissioners (NAIC) 2022 Summer Meeting Summary

The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) 2022 Summer National Meeting which was held in Portland, Oregon on August 9-13th. We have...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

Nutter McClennen & Fish LLP

Massachusetts’ Highest Court Affirms Ruling Against Restaurants Seeking Insurance Coverage for Losses Arising from COVID-19 Dining...

In Verveine Corp., et al., v. Strathmore Insurance Company, et al., the Massachusetts Supreme Judicial Court (SJC) held that claims for business losses made by three restaurants arising from COVID-19 dining restrictions were...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

Hinshaw & Culbertson - Insights for Insurers

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

Social Inflation - This is the second installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Social inflation continues to be a major...more

Perkins Coie

University of Colorado System Scores COVID-19 Property Insurance Coverage Win

Perkins Coie on

A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...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...

Miller Starr Regalia on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Woodruff Sawyer

Looking Ahead to 2022: Property & Casualty Considerations For The Coming Year

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The last few years have been a reckoning for the insurance industry. Years of decreasing premiums were incompatible with the reality of frequent and more severe natural catastrophes, increasing jury awards in liability cases,...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

Locke Lord LLP

Rep. Carolyn Maloney Reintroduces the Pandemic Risk Insurance Act

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On November 2, 2021, New York Congresswoman Carolyn Maloney reintroduced the Pandemic Risk Insurance Act (“PRIA”) in the U.S. House of Representatives. PRIA would create the Pandemic Risk Reinsurance Program (the “Program”),...more

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

Zelle LLP on

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

Flaster Greenberg PC

Ninth Circuit COVID Coverage Ruling Misapplies Burden Of Proof

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In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases. In Mudpie Inc. v. Travelers...more

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

Bricker Graydon LLP on

In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Hinshaw & Culbertson - Insights for Insurers

Insurers Prevail in First Two U.S. Appellate Court Decisions

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

Flaster Greenberg PC

COVID Coverage Suits In NJ Prove Tough For Policyholders

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Shareholder Matthew A. Goldstein was quoted extensively in a Law360 article covering COVID coverage cases in New Jersey. New Jersey federal and state courts have proven to be troublesome for policyholders in coverage...more

Cozen O'Connor

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage

Cozen O'Connor on

The first appellate court to consider a COVID-19 business interruption claim has ruled in favor of the insurer holding that coverage for business losses resulting from the COVID-19 pandemic and related government orders is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2021 Arkansas Insurance Legislation Summary: Property & Casualty Insurance

The 93rd Arkansas General Assembly convened on January 11, 2021 and entered into an extended recess on April 27, 2021. The resolution authorizing the extended recess provides for the legislature to reconvene for the following...more

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