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Bennett Jones LLP

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

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In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Ervin Cohen & Jessup LLP

Ninth Circuit Deals Another Blow to Restaurants in COVID-19 Insurance Coverage Case

On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

Lowndes

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

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As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

Miller Starr Regalia

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19...

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Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the...more

Cozen O'Connor

Ninth Circuit Holds COVID-19 Business Interruption Losses Require Direct Physical Damage To The Property

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In March 2020, Mudpie Inc.—a San Francisco children’s store—ceased operations when California Governor Gavin Newsom ordered all “non-essential” businesses to close due to the COVID-19 pandemic. Because of the shut-down,...more

Cozen O'Connor

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses

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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

Rumberger | Kirk

Eleventh Circuit Weighs Business Interruption Coverage for COVID Related Loss

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Trial courts have started to rule and appellate courts are now being asked to decide whether government closure orders enacted due to the COVID-19 pandemic cause restaurants “direct physical loss or damage to property” within...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

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Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more

Hogan Lovells

TKC v Allianz Insurance Plc: temporary loss of use of premises does not trigger standard BI cover

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The Commercial Court has ruled that temporary loss of use of premises as a result of COVID-19 lockdown measures will not trigger cover under a standard business interruption policy that requires property damage to trigger...more

Best Best & Krieger LLP

Best in Law: Business Interruption Insurance and COVID-19

In March and April, as businesses were suddenly forced to close due to the COVID-19 pandemic, many business owners asked whether there was insurance coverage for the losses caused by the shutdown. Originally published in...more

Burr & Forman

White Paper: Commercial Property Insurance Claims in Response to COVID-19

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Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations,...more

Burr & Forman

Restaurant Claims Right to Coverage for Loss of Business Income Because of State Dine-In Order

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On April 7, 2020, a Birmingham area restaurant doing business as “Ollie Irene” filed a Declaratory Judgment Action in the Circuit Court of Jefferson County, Alabama against Farmers Insurance Exchange, Inc. (“Farmers”)....more

JAMS

Experienced Neutrals Can Assist Insurers and Policyholders in Resolving Coronavirus-Related Insurance Claim Issues

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Many businesses across the globe are at a standstill. With mounting financial obligations and no immediate end in sight, they will be looking for a mechanism for survival. This is not business as usual, so the solutions...more

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