Two New Jersey universities have escaped claims that they owe students tuition and refunds for switching to virtual instruction during the pandemic, a top New York judge is among those opposing landlords trying to overturn statewide eviction protections, and a Southwest Airlines flight attendant seeks to preserve her suit alleging the airline's failure to adhere to coronavirus safety protocols caused her to contract the virus and infect her late husband.
Insurers won a pair of big business interruption lawsuits last week, continuing a mostly successful defense against paying pandemic business claims.
In California, U.S. District Magistrate Judge Jacqueline Scott Corley ruled in favor of the insurance industry on pandemic-related business interruption claims filed by attorneys representing two Napa Valley-based French restaurants on the basis that the virus exclusion precludes coverage for losses caused by the COVID-19 pandemic. While the court acknowledges the havoc that the COVID-19 pandemic and consequent shelter-in-place orders have caused businesses throughout this country and the world, the court cannot read an ambiguity into an insurance contract where none exists, Judge Corley said.
For purposes of determining contract interpretation, Florida
courts apply the
lex loci contractus choice-of-law rule.
The Supreme Court of Florida observed that
lex loci
contractus is an inflexible rule that exists to ensure stability in contract arrangements. Under
lex loci contractus, a contract (other than one for the
performance of services) is governed by the law of the state in
which the contract is made, i.e., where the last act necessary to
complete the contract is done. But what s the last
act? That s a good question to which the courts have
failed to provide a clear answer.
According to the Eleventh Circuit Court of Appeals, the
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Steel Parts Makers Say Zurich Can t Recoup $90M Settlement
Law360 (March 10, 2021, 9:19 PM EST) Zurich American Insurance Co. and its subsidiaries can t force the makers of steel connectors to help pay for a $90 million settlement over a Hawaiian builder s alleged poorly designed homes, the manufacturers have told a California federal court.
Simpson Manufacturing Co. Inc. and Simpson Strong-Tie Co. Inc. filed suit on Tuesday, alleging that the Zurich companies can t compel the manufacturers to cover the insurers loss in settling a homeowners class action against Gentry Homes Ltd. California law bars such an action, Simpson said.
According to the manufacturers complaint, the Zurich companies which insure Gentry and Simpson are behind a recent.
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