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Insurance Industry › Business Income › Insurance Litigation

Zelle LLP

Fifth Circuit Holding Addresses Scope of BI Coverage Under Cyber Policy

Zelle LLP on

The Fifth Circuit added to the emerging body of case law addressing the recovery of business income losses in the cyber insurance coverage context to kick-start 2024 in Southwest Airlines Company v. Liberty Insurance. ...more

Haight Brown & Bonesteel LLP

Loss of Business Income Due to the Governmental “Stay at Home” Orders Issued in Response to COVID-19 Was Not a Covered Loss

Haight Brown & Bonesteel LLP on

In Mudpie Inc. v. Travelers Casualty Insurance Company of America (No. 20-16858, filed October 1, 2021 ord. certified for publication October 4, 2021.), Mudpie Inc., a retailer of children’s products in San Francisco, filed a...more

Carlton Fields

Eleventh Circuit Finds No Insurance Coverage for Dental Practice’s COVID-19 Business Income Loss Under Georgia Law

Carlton Fields on

In a recent decision, the Eleventh Circuit Court of Appeals ruled that an insured’s failure to allege “direct physical loss or damage” to property was fatal to its COVID-19-related business interruption claim. Although...more

Zelle LLP

COVID Rulings May Support Ransomware Insurance Denials

Zelle LLP on

Ransomware attacks were already on the rise prior to the COVID-19 pandemic, but the prevalence of such cyberattacks substantially increased during the pandemic due, in part, to additional security risks associated with the...more

Zelle LLP

Spa Virus Coverage Ruling Misses The Mark

Zelle LLP on

In response to the wave of litigation over COVID-19-related business income claims, an overwhelming majority of courts considering the relevant policy language — approximately 80% — have found no coverage as a matter of law...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

Gould + Ratner LLP on

Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Carlton Fields

Eleventh Circuit Finds No “Direct Physical Loss” to Dust-Covered Restaurant that Merely Required Cleaning

Carlton Fields on

As the COVID-19 pandemic continues, so does the deluge of litigation stemming from property insurers’ denials of COVID-19 business interruption claims. Much of the debate between carriers and policyholders concerns whether...more

Cozen O'Connor

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld

Cozen O'Connor on

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal...more

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