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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 24) | All Alerts & Newsletters

May.24.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 13, 2021, the district court for the Northern District of Georgia granted American Family Insurance Company’s and Midvale Indemnity Company’s motion to dismiss a COVID-19 business interruption claim filed by the operators of two barbeque restaurants. The court concluded that the plain meaning of the phrase “direct physical loss” requires that there be “actual, physical damage to the covered premises” and the plaintiffs failed to allege any change to the physical condition of property due to COVID-19 closure orders. Order at 11. The court further found that the policy’s unambiguous virus exclusion bars coverage because the plaintiffs “claim no losses that were not caused, at least indirectly, by the virus.” ....

New York , United States , Allegheny County , Scott County , Pierce County , New York County , Orleans Parish , Specialty Lines Insurance Company , Starr Surplus Lines Insurance Company , American Family Insurance Company , Faraday Capital , Firstline National Insurance Company , Great Americanes Insurance Company Inc , Cincinnati Casualty Company , Badger Mutual Insurance Company , Simon Wiesenthal Center Inc , Insurance Company , Liability Insurance Company , Wm Bolthouse Farms Inc , Midvale Indemnity Company , Landmark American Insurance Company , Everest Indemnity Insurance Company , Specialty Insurance Company , Factory Mutual Insurance Company , Westport Insurance Company , Fm Insurance Company ,

U.S. District Court for the Eastern District of Louisiana: Actions Taken on April 29

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The U.S. District Court for the Eastern District of Louisiana reported the following activity on April 29 in the suits below:
In
Kramor of Plaquemine, LLC,
Nissan of Slidell, LLC,
Supreme Automotative Group, LLC,
Supreme Chevrolet, L. L. C. and
Supreme Imports, LLC against
Starr Surplus Lines Insurance Company:
Complaint With Jury Demand Against Starr Surplus Lines Insurance Company (filing Fee $ 402 Receipt Number Alaedc-8839020) Filed By Kramor Of Plaquemine, Llc, Supreme Chevrolet, L.l.c., Ford Of Slidell, Llc, Supreme Automotative Group, Llc, Nissan Of Slidell, Llc, Supreme Imports, Llc. (attachments: # 1 Exhibit A (policy), # 2 Civil Cover Sheet, # 3 Summons)attorney Eric R. Nowak Added To Party Ford Of Slidell, Llc(pty:pla), Attorney Eric R. Nowak Added To Party Kramor Of Plaquemine, Llc(pty:pla), Attorney Eric R. Nowak Added To Party Nissan Of Slidell, Llc(pty:pla), Attorney Eric R. Nowak A ....

United States , Baton Rouge , Johne Baay , Veronica Palmer , Dana Douglas , Lancem Africk , Donna Phillips Currault , Halona Leger , Jane Triche Milazzo , Ernel Lafrance , Jose Pineda , Google Re , Nannette Jolivette Brown , Theresa Lafrance , Janis Van Meerveld , Tevinl Mcinnis , Exhibit Conn Energy , Starr Surplus Lines Insurance Company , Ericr Nowak Added To Party Ford , Us District Court , Slidell Llc , Corporate Disclosure By Hudson Insurance Company , Creole Operating , Supreme Imports , United Financial Casualty Company , Supreme Automotative Group Llc ,

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of April 12) | All Alerts & Newsletters

Apr.12.2021
Courts Dismiss COVID-19 Business Interruption Claims
On April 9, 2021, the district court for the Central District of California granted Topa Insurance Company’s motion to dismiss a restaurant and nightclub’s COVID-19 related claim. According to the court, the policy “clearly condition[ed] recovery on physical loss or damage to the insured premises” (Order at 5), and the complaint alleged only that the coronavirus “prevented it from using its property for” its intended purpose, which is not enough to “allege direct physical loss or damage.”
Id. at 6. The court held that “even if the Policy covered permanent dispossession, which it does not, Caribe has not alleged permanent dispossession, nor could it, as COVID-19 safety orders only temporarily restricted Caribe’s use of its premises.” ....

New York , United States , United Kingdom , San Bernardino County , City Of , Suffolk County , New York County , San Francisco County , Rachela Jankowski , Laura Foggan , Topa Insurance Company , Starr Surplus Lines Insurance Company , Crusader Insurance Company , Ategrity Specialty Insurance Company , Empire Indemnity Insurance Company , Allianz Global Risks Us Insurance Company , World Insurance Company , Westport Insurance Corporation , Surplus Lines Insurance Company , Crum Forster Specialty Insurance Company , Washington State Court King , Ironshore Specialty Insurance Company , Casualty Company Of Wisconsin , Tokio Marine America Insurance Company , Landmark American Insurance Company , Travelers Property Casualty Company Of America ,

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of March 15) | All Alerts & Newsletters

Mar.15.2021
Courts Dismiss COVID-19 Business Interruption Claims
On March 8, 2021, the district court for the Southern District of California granted Travelers Property Casualty Company of America’s motion to dismiss a flower importer and distributor’s COVID-19 extra expense claim. The court found that the policy’s Acts or Decisions Exclusion which “bars coverage for property damage, loss, and expense that is caused by or results from any decision, act or failure to act or decide, by…any ‘governmental body,’” unambiguously excluded coverage.
See Order at 13. Because Travelers based its denial of coverage on the applicable exclusion, the court similarly dismissed the plaintiff’s breach of implied covenant of good faith and fair dealing claim. ....

King County , United States , Twin City , Boulder County , Massachusetts Bay , Travis County , Rowan University , New Jersey , New Orleans , Clark County , New York , Madison Square , North Carolina , City Of , United Kingdom , New York County , Palm Beach County , Rachela Jankowski , Harry Potter , Laura Foggan , Casualty Company , Starr Surplus Lines Insurance Company , Civil Authority , Madison Square Garden Sports Corporation , Union Insurance Company Of Providence , Properties Id ,

Business Interruption Coverage in the Year of COVID-19 | Burr & Forman

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COVID-19 has certainly been a devastating and disrupting force for businesses in 2020. Since the pandemic began, a major point of contention between corporate policyholders and insurers is whether these disruptions rise to “business interruptions” as defined under insurance policies offering business interruption (BI) coverage. Companies often purchase BI coverage as part of traditional “all-risk” commercial property policies., and the coverage is generally designed to cover lost income (often in the form of reduced gross earnings) arising from disruptions to an insured’s business operations. This update serves as a brief summary of how coronavirus-related BI coverage litigation has panned out thus far. ....

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