The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more
First Department Affirms That Business Interruption From COVID-19 Not Covered-
The insured purchased a commercial property policy that included business interruption coverage for its restaurants. The restaurants were...more
...more
1/27/2022
/ Bad Faith ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Estoppel ,
Exclusions ,
First-Party Coverage ,
Indemnification ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Uninsured and Under-Insured Motorists
New York Enacts Comprehensive Insurance Disclosure Act-
On December 31, 2021, New York’s Governor Hochul signed into law the Comprehensive Insurance Disclosure Act, that requires defendants, third-party defendants, and...more
Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages-
Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability...more
9/23/2021
/ Bad Faith ,
Bodily Injury ,
Business Losses ,
Civil Authority Coverage ,
Construction Project ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Duty to Defend ,
Insurance Industry ,
NY Supreme Court ,
Property Damage ,
Punitive Damages
Southern District of New York Holds That COVID-19 Claim Not Covered-
Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations...more
7/28/2021
/ Assault ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contractors ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Manslaughter ,
Subcontractors
WDNY Follows Other New York Courts Holding That COVID-19 Losses Are
Not Covered-
The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed...more
5/27/2021
/ Allstate ,
Business Closures ,
Business Interruption ,
Business Losses ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Cyberbullying ,
Declaratory Judgments ,
Emotional Distress Damages ,
Excess Policies ,
Property Insurance
A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more
2/23/2021
/ Appellate Courts ,
Bodily Injury ,
Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Declaratory Judgments ,
Insurance Industry ,
Rental Property ,
Shelter-In-Place ,
Subcontractors ,
Summary Judgment