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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 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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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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Business Interruption Insurance and The Coronavirus: What Does It Mean to Small Businesses Everywhere?

There is no question the coronavirus will have lasting impacts upon just about every aspect of our lives—health and safety, social, emotional, and economic.  This virus may likely be our generation’s defining moment that we will teach our kids and grandkids about for decades to come. The economic toll of the virus on small businesses…
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