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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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PA Plaintiff Dismisses BI COVID Class against Eerie Insurance Exchange

The world of COVID-related business interruption litigation changes rapidly, particularly with regard to class pleadings.  A Pennsylvania proposed class action filed against an Erie Insurance Exchange seeking coverage related to COVID-19 was voluntarily dismissed by the restaurant plaintiff, Sieb’s Pub. The plaintiff alleged it suffered business income loss as a result of COVID-19 and its…
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Insurer Seeks to Avoid COVID-19 Business Interruption Class Action in Washington Federal Court

Given the nationwide momentum in COVID-19 related BI claims, it is important to keep an eye on the classes on-file and how courts deal with the insurers’ arguments to strike them.  In Germack v. The Dentists Insurance Co., case number 2:20-cv-00661, in the U.S. District Court for the Western District of Washington, the insurer, The…
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