Bars and restaurants lose COVID insurance decision at Wisconsin Supreme Court
Bars and restaurants lose COVID insurance decision at Wisconsin Supreme Court

Bars and restaurants that counted on business insurance to help cover major losses from 2020 COVID-19 shutdowns are out of luck, the Wisconsin Supreme Court has found. To the layperson, the forced closures due to the pandemic would seem to meet the definition of a…
Taken to the Cleaners: The Importance of Insuring Environmental Pollution Cleanup and How Some Insurers Try to Avoid Coverage
Taken to the Cleaners: The Importance of Insuring Environmental Pollution Cleanup and How Some Insurers Try to Avoid Coverage

Accidental environmental pollution is virtually unavoidable in our industrialized society, and insurance coverage for liabilities and cleanup plays a critical role in the economic and environmental health of the country. Small, medium, and large businesses throughout the United States rely on their insurers to help…
Ohio High Court Rules Coverage Owed for Contamination That Ruined Product
Ohio High Court Rules Coverage Owed for Contamination That Ruined Product

Contamination that ruined more than $1 million worth of glass containers manufactured by a policyholder’s customer counts as damage that is covered by an umbrella insurance policy, the Ohio Supreme Court ruled Wednesday. The Supreme Court justices unanimously agreed that Motorists Mutual Insurance owes coverage to…
Thwarting insurers’ campaign to duck interruption compensation obligations to businesses
Thwarting insurers’ campaign to duck interruption compensation obligations to businesses

Fill in the blank and you’ll understand the public relations campaign the insurance industry uses over and over to maintain record profits by shirking obligations to their premium-paying customers and pass the buck to  taxpayers: “If you make us pay ______ claims we’ll go bankrupt.” …
The appeal of COVID-19 business interruption appeals
The appeal of COVID-19 business interruption appeals

July 9, 2021 – More than one year has passed since the start of the COVID-19 global pandemic. According to the Centers for Disease Control, COVID-19 has infected more than 33 million people in the United States and more than 600,000 have died. Also in…
Trade Group Backs Legal Sea Foods In Virus Insurance Appeal
Trade Group Backs Legal Sea Foods In Virus Insurance Appeal

Law360 (May 11, 2021, 4:11 PM EDT) — Legal Sea Foods‘ quest to cover losses from the COVID-19 pandemic earned the backing of nonprofit insurance trade group United Policyholders, which told the First Circuit on Monday that a lower court was wrong to dismiss the restaurant…
Virus Like A Natural Disaster, Nonprofit Group Says On Appeal
Virus Like A Natural Disaster, Nonprofit Group Says On Appeal

Nonprofit group United Policyholders threw its support behind a dental office and the owner of furniture stores in their appeals concerning business interruption coverage for COVID-19-related losses, saying insurers are expected to cover the pandemic the same way they cover natural disasters. United Policyholders told…
Ohio Supreme and 8th Circuit Mull Whether COVID Can Cause Direct Physical Loss
Ohio Supreme and 8th Circuit Mull Whether COVID Can Cause Direct Physical Loss

Two appellate courts took steps this week toward answering a key question that may seal the fate of some 1,500 lawsuits seeking insurance coverage for COVID-19-related business-interruption losses: Does the presence of the SARS-CoV-2 virus or people infected with it constitute a direct physical loss…
Covid-versary…Is there cake?
Covid-versary…Is there cake?

COVID-19 has challenged Americans over the past year in ways that are reminiscent of war times past. There has been much stress and suffering. Sunnier skies lie ahead, but the one year anniversary is far from the end of the recovery work that needs to…
JPML Won’t Centralize All COVID-19 Insurance Cases
JPML Won’t Centralize All COVID-19 Insurance Cases

Law360 (August 12, 2020, 4:46 PM EDT) — The Judicial Panel on Multidistrict Litigation rejected Wednesday two petitions to centralize hundreds of cases filed by businesses seeking insurance coverage for losses during the COVID-19 pandemic, but indicated that centralization could still be appropriate for cases…
MDL Panel Considers Consolidation of COVID-19 Business Interruption Claims
MDL Panel Considers Consolidation of COVID-19 Business Interruption Claims

On July 30, the Judicial Panel on Multidistrict Litigation held a Zoom hearing on a motion filed by plaintiffs’ lawyers to consolidate hundreds of business interruption claims filed across the country. The Panel permitted a number of plaintiffs’ counsel and two insurers’ counsel to each…
JPML Questions If One Size Fits All For Virus Cases
JPML Questions If One Size Fits All For Virus Cases

Law360 (July 30, 2020, 4:43 PM EDT) — A member of the Judicial Panel on Multidistrict Litigation questioned Thursday whether key business interruption policy language could be construed the same way under the laws of all 50 states as the panel mulled requests to centralize…
Dozens of attorneys primed to make or break the case for novel COVID-19 business interruption MDL
Dozens of attorneys primed to make or break the case for novel COVID-19 business interruption MDL

(Reuters) – At least 40 attorneys have signed up to argue Thursday as the Judicial Panel on Multidistrict Litigation weighs petitions to create an MDL for nearly 270 lawsuits seeking Business Interruption (BI) insurance coverage for losses from coronavirus contamination or government orders restricting their…
All Roads Lead to the JPMDL: Another COVID-19 Business Interruption Declaratory Judgment Is Stayed Pending MDL Decision
All Roads Lead to the JPMDL: Another COVID-19 Business Interruption Declaratory Judgment Is Stayed Pending MDL Decision

Insurers nationwide are awaiting the forthcoming decision of the Judicial Panel on Multidistrict Litigation JPMDL) on consolidating COVID-19 business interruption coverage lawsuits. In the meantime, some federal courts are staying proceedings, declining to rule on fully-briefed motions and deferring decisions that could bring clarity to…
A Primer On The Push To Combine COVID-19 Coverage Cases
A Primer On The Push To Combine COVID-19 Coverage Cases

Law360 June 9, 2020, 7:00 PM EDT) — Insurers and policyholders have weighed in on two petitions to centralize disputes over businesses’ coronavirus-related losses in multidistrict litigation, with supporters touting the efficiency of consolidation and opponents arguing that differences in companies’ policies and claims make…
Insurance Covers Vandalism, But Not COVID-19 Claims
Insurance Covers Vandalism, But Not COVID-19 Claims

SAN FRANCISCO—On Thursday, June 4, as a result of the COVID-19 pandemic, there has been an increase in insurance claims filed by businesses in the Bay Area, but some insurance companies have been denying the payouts. “Almost all business ranging from small to medium to…
Insurance companies deny COVID-19 claims, but cover vandalism damage
Insurance companies deny COVID-19 claims, but cover vandalism damage

SAN FRANCISCO KGO) — Businesses across the nation have been devastated by the COVID-19 shutdown. Now, many are suffering the added losses of vandalism and looting. But an odd twist to the dual crises: insurance. Businesses were outraged to find their insurance refused to cover…
Insurers challenged for denying business-interruption coverage during coronavirus economic lockdown
Insurers challenged for denying business-interruption coverage during coronavirus economic lockdown

In a shot over the bow and precursor of a long, upcoming legal battle, the California insurance commissioner on April 14 issued an order requiring carriers to investigate claims filed by businesses seeking relief for losses incurred from government shutdowns as the result of the…