The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the...more
An insurer has won the first jury trial on coverage for Covid-19 business interruption losses after a federal jury in the Western District of Missouri issued a verdict in favor of The Cincinnati Insurance Company in K.C....more
11/2/2021
/ Business Income ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Jury Trial ,
Policy Terms
In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical...more
9/2/2021
/ Business Closures ,
Business Income ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contract Interpretation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms
The Eighth Circuit Court of Appeals recently held that, under Iowa law, an insurer is not liable for breach of contract or bad faith if its coverage decision was objectively reasonable at the time it was made. In Hallmark...more
The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to...more
4/16/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
The Eleventh Circuit has provided some clarity to Florida businesses and their insurers dealing with COVID-19 claims. In Mama Jo’s Inc., d.b.a. Berries v. Sparta Ins. Co., No. 18-12887 (11th Cir. March 18, 2020), the Court...more