Tag: COVID-19
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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The Houston Rockets Among Many Businesses Seeking Insurance Coverage Due to Coronavirus Closure
The Houston Rockets might be back at it in a big way with James Harden’s 49 points against the Dallas Mavericks, but the organization and the operators of the Toyota Center are embarking on a new challenge—fighting for business interruption coverage related to COVID-19 shutdowns. The new complaint filed on July 15, 2020, in Rhode…
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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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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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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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