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Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits


Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits
To anyone keeping score, it appears that insurers are crushing policyholders who sued for business income lost because of COVID-19 restrictions.
As of Tuesday, insurers had won 147 motions for dismal or summary judgment in state and federal courts, according to a litigation tracker maintained by the University of Pennsylvania’s Carey Law School. Policyholders had won only 34 cases in early rounds less than one out of five.
But if you look closer, glaring outliers emerge.
In Ohio, insurers had won only two of 11 motions to dismiss or for summary judgment, as of Tuesday. In one case, Henderson Road Restaurant Systems et al v. Zurich American Insurance Co., a federal judge actually granted summary judgment in favor of the policyholder. ....

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Ohio at Epicenter in Quest for COVID-19 Business Interruption Cover


Viewpoint: Ohio at Epicenter in Quest for COVID-19 Business Interruption Cover
By K. James Sullivan | February 2, 2021
In our original first alert about COVID-19 business interruption insurance coverage that we authored at the pandemic’s outset, we predicted extreme rigidness by insurance companies and coverage denials galore. Regrettably for policyholders, our prediction came true, with myriad insurance coverage lawsuits following in U.S. state and federal courts. To date, the vast majority of federal and state courts have sided with the insurance industry – nearly 83% of rulings on the merits have favored insurers so far.
Did Ohio Just Turn the Tide, or Did It Set the Stage for U.S. Policyholders’ Final Act? ....

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