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Insurance Industry Policy Exclusions Business Losses

Cozen O'Connor

Claims Notes: October 2024

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A dental practice submitted a business interruption claim to its property insurers due to the COVID-19 shutdown orders. The insurers denied coverage, citing a lack of physical damage to the premises. Breaking with national...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

McGuireWoods LLP

Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse

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On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more

Ward and Smith, P.A.

FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

Ward and Smith, P.A. on

Insurance policies hold immense significance for business owners and professionals, as they can be a safety net for life's unexpected curveballs and can also assist business owners and professionals with proactive planning...more

Lowenstein Sandler LLP

Favorite Topics of 2023

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On the last “Don't Take No For an Answer” podcast of 2023, Lynda Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series’ most popular topics, such as difference between the...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Sheppard Mullin Richter & Hampton LLP

The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses

Does the business harm caused by COVID-19 qualify as “direct physical loss” for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021, Commercial Division Justice Robert R....more

Carlton Fields

Fifth Circuit Concludes That Compliance With Pandemic-Related Shutdown Orders Does Not Constitute “Direct Physical Loss of or...

Carlton Fields on

In the recent decision in Q Clothier New Orleans LLC v. Twin City Fire Insurance Co., the Fifth Circuit Court of Appeals affirmed the dismissal of an insured’s claim for coverage under a property policy for loss arising from...more

Hinshaw & Culbertson - Insights for Insurers

Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

COVID-19 Business Interruption Coverage Litigation - This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

Cozen O'Connor on

At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Lowenstein Sandler LLP

Out With a Bang: Current State of Play on Coverage for COVID-Related Losses

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For our last episode of 2021, Lynda, joined by Insurance Recovery Group attorneys Eric Jesse and Joseph Saka, close out the year with a BANG! …a year in review of the COVID-related coverage rollercoaster policyholders have...more

Rivkin Radler LLP

Insurance Update - November 2021

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We bring you our November Insurance Update. Here’s what happened over the past month. Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...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

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

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

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In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Flaster Greenberg PC

NJ Policyholders Could Still See Recovery For COVID Losses

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To date, New Jersey courts, both state and federal, handling COVID-19 business interruption insurance cases have ruled on at least 32 dispositive motions. Thirty of those motions were resolved favorably to insurers. Yet,...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Carlton Fields

New Jersey Federal Court Holds Virus Exclusion Bars Coverage for Car Dealerships’ COVID-19 Losses; Rejects Public Policy Argument...

Carlton Fields on

We previously described a proposed New Jersey bill that was introduced to the state assembly in March 2020 that would require insurers to cover business interruption losses related to the novel coronavirus pandemic. Almost a...more

K&L Gates LLP

COVID-19: Massachusetts Proposed Bills Addressing Coverage for Small Businesses – A Different Approach

K&L Gates LLP on

COVID-19 has left its indelible mark on the nation’s economy. As the pandemic continues, lawmakers in many jurisdictions are proposing legislation that would assist businesses in securing insurance coverage for...more

Zelle  LLP

COVID-19 Insurance Issues To Watch In Civil Law Countries

Zelle LLP on

A recent judgment from a court of appeal in Spain shows that the outcome of coverage disputes over COVID-19 business interruption losses in civil law jurisdictions may be different from what would be expected in a common law...more

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

Zelle LLP on

For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

Dorsey & Whitney LLP

UK Supreme Court decides important judgment on Business Interruption Insurance

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The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...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

Epstein Becker & Green

Missouri Court Denies Business Interruption Claim and Questions Prior Decisions

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Following up on our prior discussion of Studio 417, Inc., et al. v. The Cincinnati Ins. Comp., a different federal judge in the Western District of Missouri recently ruled in Zwillo V, Corp. v. Lexington Insurance Co. that a...more

Goodwin

COVID-19 Business Interruption Suits: An Overview Of Decisions To Date

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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more

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