First impression: California Court of Appeal finds no coverage for COVID-related Business Income loss
By: Marc J. Shrake and Mary-Kate Planchet
In the first COVID-19 Business Interruption case to reach the appellate level in California, the court used long-standing insurance principles to resolve the first-impression issue, finding against coverage.
The decision in The Inns …
It May Be Legal, But It’s Not Civil
By: Michael Weinberg
A recent decision in the matter of Legal Sea Foods, LLC v. Strathmore Insurance Company, USDC (Mass) further addressed coverage for business income and extra expense losses caused by both state and local governments nationwide orders (the “Orders”) in …
Gov. Cuomo Rescinds Controversial Immunity Granted to New York Nursing Home Facilities for COVID-19 Deaths – Insurers May Be On Hook For Historic Public Policy Disaster
By: Kevin G. Kenneally, Esq. and William E. Gildea, Esq.
The embattled NY Governor Andrew Cuomo backtracked on his signature pandemic legislation that recently unraveled and marred his reputation, as allegations of cronyism and endangering the state’s most vulnerable elderly …
California Assembly Bill 1552 – Near Miss or Cautionary Tale for Insurers?
By: Ryan Greenspan
As fear of the novel coronavirus and COVID-19 continues to grip the world, an array of government rules, restrictions, and guidelines have been imposed. Some businesses have been operating at a limited capacity and some have closed outright. …
No Entry Without a Mask: Coverage for Discrimination?
By: Mallory Ball
More businesses are requiring masks or face coverings to protect their patrons and employees from COVID-19. Unfortunately, with the face-covering requirements, businesses are vulnerable to liability claims from patrons alleging they have been discriminated against by requiring them …
FMG Attorneys Assist Prevailing Insurer in a COVID-19 Business Loss Claim
FMG attorneys Phil Savrin and Shawn Bingham secured a favorable outcome for Allied Insurance Company of America who was sued for rejecting a claim for lost business income after the insured shuttered its restaurant during the COVID-19 pandemic. The insured, …
Statute of Limitations Tolled in California Amid Pandemic
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
Hurricanes, Pandemics, and Shortages, Oh My: Considerations for Hurricane Season in the Time of Coronavirus
By: Anastasia Osbrink
According to forecasters with the Climate Prediction Center at the National Oceanic and Atmospheric Administration (“NOAA”), a division of the National Weather Service, the 2020 hurricane season has a 60% chance of being an “above-normal season.” (See …
A Tale of Two Cities: COVID-19 Business Interruption Coverage in New York and Paris
By: Isis Miranda
Two sides of the pond. Two different outcomes.
In New York, Social Life Magazine, Inc. sought immediate relief from the court in a case against its insurer, Sentinel Insurance Company, Limited, for business interruption coverage losses it …
Insurers Brace For “Huge” Volume of Business Interruption Suits
By: Kevin Kenneally, Michael Giunta & Janet Barringer
“The amount of litigation that is going to be generated…is gonna be huge.” – Warren Buffett
At the annual meeting of Berkshire Hathaway in Omaha, Nebraska this past weekend, company chairman …
Insurer seeks declaration that COVID-19 claims for closure-related losses are not covered
By Barry Miller
Travelers Insurance Company wants a federal court to declare it has no duty to pay business income loss to a California law firm which claims that COVID-19 closures have caused it to lose revenue.
ABA Journal …
Game, Set, Match: Wimbledon’s Decision To Purchase Pandemic Insurance Coverage Could Be A Winner
By: Bill Buechner
Among many other more serious impacts related to the COVID-19
pandemic, many prominent sporting events have been cancelled or postponed,
including the NCAA Tournament, the Masters, the Kentucky Derby and the French
Open tennis tournament. Also, all …