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
4/8/21
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 …
Texas’ Perfect Storm May Result In Largest Insured Loss In Texas History
4/8/21
By: Ken Coronel
Texas residents are still recovering from the extreme winter storm which left the state reeling from days of widespread blackouts, water shortages, millions left in the dark, and business closures. From the standpoint of the carriers writing …
A Fortuitous Result? Duke Energy Defeats Summary Judgment Motion in Coverage Dispute Alleging that Duke “Intentionally” Contaminated Groundwater
3/31/21
By: Isis Miranda
“If you take a rock and throw it through a window, then you don’t get coverage for [the] costs of fixing it.” An attorney representing one of the nearly 30 insurance companies being sued by Duke Energy …
Kentucky Appeals Court Holds That Claims-Made Policies Require No Showing Of Prejudice For Late Notice, Following Restatement Principles
3/26/21
By: Barry Miller
Notice provisions in claims-made policies are not subject to the notice-prejudice rule, according to a Kentucky decision applying the Restatement of the Law of Liability Insurance (“Restatement”).
Kentucky State University tendered a claim under its professional liability …
Insuring Cryptocurrency: Where Insurers Fear to Tread
3/10/21
By: Alexia Roney
When Janet Yellen, U.S. Treasury Secretary, called Bitcoin “extremely volatile” on February 22, 2021, the market proved her point as the cryptocurrency dropped a sixth of its value the next day. Yet, the cryptocurrency market, now worth …
The UK’s Broad Interpretation of Governmental Action in COVID-19 Business Interruption Cases is Rejected by American Courts
2/8/21
By: Lee Whatling
Last month, the Supreme Court of the United Kingdom clarified the applicability of 21 sample insurance policy wordings to business interruption losses resulting from the COVID-19 pandemic and actions taken by UK public authorities in response to …
Mutual Mistake In Naming The Insured?
1/29/21
By: William Gildea
In a case pending in the United States District Court for the Southern District of Florida, a company not named in an insurance policy is nevertheless demanding coverage based on a claim of mutual mistake over the …
Northern District of Georgia Finds Waiver of Coverage Defenses Not Specified in Denial Letter
1/13/21
By: Kristin Ingulsrud
In Hoover v. Maxum Indemnity Co., the Supreme Court of Georgia held that an insurer had waived a defense by failing to raise it in its initial letter denying the claim. The standard applied by the court …
California Assembly Bill 1552 – Near Miss or Cautionary Tale for Insurers?
11/11/20
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?
10/26/20
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
10/8/20
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, …
First Decisions on Application of Insuring Agreement to Business Interruption Claims During COVID-19 Pandemic
8/28/20
By: David Slocum
In the months since the COVID-19 pandemic began, thousands of claims and lawsuits have been initiated by businessowners seeking coverage for alleged property damage and business losses based on the impact to their businesses. From restaurant owners, …