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Insurance Industry Property Damage Commercial Insurance Policies

Houston Harbaugh, P.C.

Third Circuit Shuts Down Policyholder’s Requests for Insurance Coverage for COVID-19 Related Business Losses

Houston Harbaugh, P.C. on

Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related...more

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

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The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

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The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: Insurance Implications

Hurricane Helene struck Florida’s Big Bend region as a category 4 hurricane on September 25, 2024, and continued to move northeast. The storm caused widespread power outages and catastrophic damage across Florida, the...more

Houston Harbaugh, P.C.

Supreme Court Of Pennsylvania in Ungarean Case Holds There Is No Coverage For Losses Caused By The COVID‑19 Shutdown Orders

Houston Harbaugh, P.C. on

On September 26, 2024, Pennsylvania joined the majority of jurisdictions nationwide in holding that commercial property insurance policies do not cover losses caused by the government shutdown orders issued in response to the...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Cozen O'Connor

Does a sagging floor constitute a “collapse”? Court finds ambiguity in “collapse.”

Cozen O'Connor on

In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies

In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of...more

Cozen O'Connor

Claims Notes: August 2024

Cozen O'Connor on

The New York Department of Financial Services (DFS) previously circulated proposed guidance on using AI in underwriting and pricing to address discrimination. DFS requested public comment. Commenters expressed concern over: ...more

Cozen O'Connor

Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”

Cozen O'Connor on

In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a...more

K&L Gates LLP

Extreme Weather and Natural Disasters - Insurance Tips for Commercial Policyholders

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Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more

Marshall Dennehey

Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes

Marshall Dennehey on

On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of...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

Sands Anderson PC

Passing The Buck to Consumers: Insurance Update

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Sands Anderson’s Brian Pitney recently interviewed independent insurance agent Chris Hall, owner of The Halls of Insurance about recent changes in the insurance industry.  They discussed increases in insurance premiums,...more

K&L Gates LLP

Maui Wildfires - Coverage Considerations and What Business Policyholders Need to Know

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The Maui wildfires are now the deadliest—and certainly among the most destructive—in modern US history, already outpacing the loss of life and impact on critical wildlife habitat/species of the 2018 Camp fire in California....more

Woodruff Sawyer

Best Practices: Making Sense of the Commercial Property Claims Process

Woodruff Sawyer on

Whether it’s caused by nature, human or mechanical error, or an unfortunate combination of all three, property damage of any kind is stressful. You already know that prompt action can help mitigate any dangers to your...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

J.S. Held on

Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

Cozen O'Connor

Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant

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COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 939...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

Houston Harbaugh, P.C.

Third Circuit Finds No Coverage For COVID-related Business Income Losses

Houston Harbaugh, P.C. on

In a January 6, 2023 precedential decision, the Third Circuit ruled in a consolidated appeal of 14 cases that Pennsylvania and New Jersey businesses are not entitled to coverage for Covid-related business interruption losses,...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Ian: Insurance Implications

Hurricane Ian struck Florida on September 28. By late afternoon, it was a Category 5 storm with top winds of 155 miles per hour, producing huge storm surges along a wide area of the state’s southwestern coast. Damage is...more

Cozen O'Connor

Oklahoma Supreme Court Rejects “Loss of Use” Argument, Nixes COVID-19 Business Interruption Suit

Cozen O'Connor on

There is a clear nationwide trend of federal courts disposing of COVID-19 business interruption suits. Insureds are not clearing their initial burden to establish direct physical loss or damage to property, or they are...more

Pillsbury - Policyholder Pulse blog

California Appellate Court Rules for Policyholders on COVID Coverage Appeal

On July 13, 2022, the California Second District Court of Appeal issued a published decision reversing a trial court’s dismissal of a policyholder’s COVID-19 coverage claim. In Marina Pacific Hotel & Suites, LLC v. Fireman’s...more

Pillsbury - Policyholder Pulse blog

The Louisiana Court of Appeal Gets It Right on COVID Coverage

This week the Louisiana Court of Appeal found coverage for coronavirus and COVID-19 claims by reading the actual insurance policy language and relying on long-established precedent governing the interpretation of insurance...more

Procopio, Cory, Hargreaves & Savitch LLP

Wildfire Season is Here: Will Your Company’s Insurance Policy Withstand the Heat?

Wildfire season typically occurs between July and November in California. However, the California Department of Forestry and Fire Protection maintains global warming is causing wildfire seasons to start earlier and last...more

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