At the start of 2021, one thing is clear: COVID-19 will continue to play a major part in insurance coverage litigation trends in the new year. Until now, the main focus has been on claims for lost business income due to...more
COVID-19 has forced ski slopes to cease operation, compelled people to cancel trips of all kinds, and closed many summer camps. Attempts by insureds to obtain refunds or otherwise recoup the money they paid in connection with...more
Last week, a Texas federal judge decided Vandelay Hospitality Group v. The Cincinnati Insurance Company, et al, No. 3:20-cv-01348 (N.D. Tex. 2020), granting an insurance brokerage agency’s motion to dismiss in a business...more
The New Jersey Supreme Court recently answered a question of law certified to it by the Third Circuit Court of Appeals, and held that the made-whole doctrine “does not apply to first-dollar risk, such as a self-insured...more
Since the side effects of COVID-19 have set in, insurance companies have seen over 500 lawsuits filed, claiming that business interruption coverage applies to losses caused by COVID-19 related restrictions. These suits...more
In an exception to the COVID-19-related news that has dominated recent headlines, the Pennsylvania Supreme Court recently ruled in favor of an insured contending that its insurance carrier must provide defense and potential...more
On May 19, a federal judge in the Western District of Pennsylvania remanded a suit brought by a Pittsburgh restaurant seeking business interruption insurance coverage. The underlying suit, DiAnoia’s Eatery LLC v. Motorists...more
On May 14, 2020, the Supreme Court of Pennsylvania rejected a request by a group of Pennsylvania attorneys that the Court use its King’s Bench power in connection with a case seeking a determination of whether an insurer owed...more