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Jan 3, 2023 · A tracker of key insurance coverage cases to recover business interruption losses related to the COVID-19 pandemic filed between January 1, 2022 and December 31, 2022. This resource lists the cases in reverse chronological order, summarizes each case, and identifies the insurance coverage and policy provisions each case implicates, including business interruption coverage, civil authority ...
May 14, 2021 · Friday, May 14, 2021. Print Mail Download i. It’s been a year since COVID-19 caused a torrent of insurance coverage litigation regarding business interruption and extra expense coverage for ...
Sep 1, 2021 · Recent COVID-19 business interruption rulings include: Aug. 18: The 3rd U.S. Court of Appeals in Philadelphia, in a divided opinion, agrees with insurers that COVID-19 business interruption cases ...
Oct 15, 2021 · Coverage for COVID-19-related losses typically arises from coverages for “direct physical loss of or damage to property” in the form of business interruption coverage, most often provided in ...
- What Types of Claims Are Being Made?
- What Coverages Are Implicated?
- What Positions Are Being Taken by Insureds?
- What Arguments Have Insurers Been Relying Upon to Deny Coverage?
- Notes
John:The vast majority of claims are for loss of business income by businesses that heavily depend on having full use of their physical facilities to conduct business with customers in close proximity to each other, but which have been impaired by the dangers associated with community spread of the coronavirus during the pandemic (e.g., restaurants...
John:Implicated coverages include business income loss, civil authority loss, and dependent property loss. Ryan:In addition to those John mentioned, quite a few insureds assert coverage under ingress/egress and sue and labor coverages. Further, specialized contamination and communicable disease coverage extensions have been raised in some specializ...
Ryan:Arguments on the two issues John pinpointed before have largely been dictated by whether a virus exclusion was included within the insurance policy. By and large, the pleading trend nationwide in the absence of the virus exclusion has been for a policyholder to allege that the coronavirus was physically present at the relevant location and res...
Larry:The fundamental requirement for business interruption coverage is that there be direct physical loss or damage to covered property. With respect to civil authority coverage, insurers similarly argue that direct physical loss or damage to property must happen to the other property within the specified distance from the insured’s property as id...
1. Lee Siegel & Ryan Maxwell, Major Trends in COVID-19 Business Interruption Lawsuits, Law360 (May 14, 2020), https://www.law360.com/articles/1273308/major-trends-in-covid-19-business-interruption-lawsuits. 2. Hill & Stout PLLC v. Mut. of Enumclaw Ins. Co., No. 20-2-07925-1 SEA (Wash. Super. Ct. Nov. 13, 2020). 3. N. State Deli, LLC v. Cincinnati I...
Jun 26, 2023 · Insurance. The recent landmark High Court judgment handed down on 16 June, by Mr Justice Jacobs, has cleared the path for policyholders to make claims under their business interruption (BI) insurance policies which had previously been rejected by their insurers. The High Court ruled in favour of a number of policyholders, including Pizza ...
Feb 3, 2022 · That was precisely the point made by the U.S. Court of Appeals for the Third Circuit last year when it vacated an order remanding a COVID-19 declaratory judgment claim to state court in DiAnoia's Eatery LLC v. Motorists Mutual Insurance Co.: "Federal and state courts are equally capable of applying settled state law to a difficult set of facts."
