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Not So Fast – A Pennsylvania Court Opts to Wait Until the Facts Are in Before Issuing a Coverage Ruling in a COVID-19 Business...

The COVID-19-related business interruption coverage case of Taps & Bourbon on Terrace, LLC v. Underwriters at Lloyds London, et al., pending in the Philadelphia County Court of Common Pleas, may represent a growing trend all...more

North Carolina Restaurant Wins First Summary Judgment Decision on Business Interruption Coverage for COVID-19 Losses

There have been many decisions in recent months in cases involving business interruption coverage for losses caused by the SARS-CoV-2 virus and the disease it causes, COVID-19. Some decisions have been favorable to coverage,...more

Illinois Tells Insurers to “Err on the Side of the Policyholder” When Evaluating Insurance Claims Related to Vandalism, Riots and...

On June 5, 2020, we issued a Client Alert regarding insurance coverage for property damage and business income losses that businesses may have suffered due to recent incidents in cities across the country. On June 8, 2020,...more

Client Alert: Insurance Coverage for Losses Caused by Vandalism, Riots and Civil Commotion

There have been unfortunate incidents of property damage to businesses across the nation. Part of the process of assessing the damages and losses is securing insurance coverage. Fortunately, most commercial property policies...more

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

In Rare Move, Seventh Circuit Reverses Itself and Holds that Insured Did Not Lose Coverage for Notifying Consecutive Insurers of a...

It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more

Illinois Appellate Court Holds Insurer Did Not Waive Right to Arbitrate Despite Years-long Delay in Pursuing ADR

In Caterpillar, Inc. v. Century Indem. Co., et al., 2019 IL App (3d) 190032, the Illinois Appellate Court, Third District, issued an opinion that highlights the need for parties to carefully consider alternate dispute...more

Policy Buyback Settlement Cannot Extinguish Coverage for Former Subsidiary

On July 11, 2019, in Magnetek, Inc. v. The Travelers Indem. Co., Case No. 17 C 3173, Judge Robert Gettleman of the Northern District of Illinois issued an important decision preserving insurance coverage for a former...more

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