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Insured Commercial Property Owner Suffering Hail and Wind Damage to Its Roofing System Survives A Motion to Dismiss by Travelers

In Albion Invest. Inc. v. Travelers Casualty Ins. Co. of America, 2020 WL 7041817 (E.D. Tex. Dec. 1, 2020) the court considered a motion to dismiss filed by the insurer, Travelers.  Travelers sought to dismiss the claims of its insured, Albion Investments, Inc. (“Albion”).  Albion owned commercial property which was covered by a policy issued…
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Allstate Held Accountable For Unreasonable Claim Investigation But Court Fell Short Of Finding Knowing Violation of Texas Insurance Code

Allstate was recently held accountable by a San Antonio Court of Appeals for its unreasonable claim investigation; however, the court fell short in upholding an award of treble damages because it failed to find a knowing violation of the Texas Insurance Code. In Allstate Vehicle and Prop. Ins. Co. v. Reininger, 2020 WL 6928405 (Tex….
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A Ray of Hope to Policyholders: Coronavirus Can Amount to “Physical Loss,” Triggering Business Interruption Coverage

Despite some early rulings across the country that were adverse to policyholders, a recent ruling from a federal judge in Kansas City could be the first of many upcoming rulings in support of the business interruption policyholders’ claims against their insurers related to COVID-19. In Studio 417 Inc. et al v. The Cincinnati Insurance Co.,…
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PA Federal Court Judge Punts on Ultimate Issue of Business Interruption Insurance Coverage for COVID-Related Losses Until Consideration of Class Certification

COVID-19 business interruption insurance litigation is certainly heating up.  On July 14, 2020, a Pennsylvania federal judge declined a summary judgment motion filed by the insured, Windber Hospital, against Travelers Property Casualty Co. of America (“Travelers”), the insurer (see Winber Hospital, et al. v. Travelers Property Casualty Co. of America, case number 3:20-cv-00080, in the…
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Two More Wins for the Policyholder: The Texas Supreme Court Twice More Finds Extra-Contractual Claims Survive Payment of Appraisal Award

The Texas Supreme Court is on a roll for policyholders!  We recently reported on the Barbara decision where the Texas Supreme Court upheld extra-contractual claims of insureds even after an appraisal award was paid by the insurer (read more about it on our previous article here) and three cases that followed  (you can learn about those…
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Recent PA Supreme Court Decision Upholding Governor’s Declaration of Natural Disaster Has Potential To Advance Arguments for Business Interruption Claimants

The business interruption litigation arena is heating up and a recent Pennsylvania Supreme Court decision certainly has the potential to advance the ball for policyholders seeking coverage for lost business income and extra expense as a result of COVID-19 even though it did not involve an insurance dispute.  In Friends of DeVito, et al. v….
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Texas Supreme Court Creates Exception to the “Eight-Corners Rule”

Generally, insurance contracts will include a “duty to defend”, which gives an insurer both the right and obligation to defend a policyholder against lawsuits. To determine whether this duty exists, Texas courts use the “eight-corners rule”. This rule limits courts to the terms of the policy and the pleadings against the insured when deciding whether…
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