The Eight-Corners Rule is Deep in the Heart of Texas
4/28/20
By Kristin Inguslrud
Under the “eight-corners rule,” an insurer’s duty to defend is determined by comparing the allegations in the complaint with the terms and conditions of an insurance policy. Application of the eight-corners rule takes the allegations of the …
Insurer seeks declaration that COVID-19 claims for closure-related losses are not covered
4/27/20
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.
The
ABA Journal …
Game, Set, Match: Wimbledon’s Decision To Purchase Pandemic Insurance Coverage Could Be A Winner
4/13/20
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 …
Congress Considers Reinsurance Program for Business Interruption Losses Due to Coronavirus
4/9/20
By: Zach Moura
Business interruption coverage typically requires that there be direct physical loss of or damage to property, and many business interruption policies contain virus exclusions. But there are currently a number of legislative proposals at the state and …
Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia
law permits the award of attorney’s fees to a claimant where the party
defending the claim has “acted in bad faith” in making the contract, has been
stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Plaintiffs and Lawmakers Raise Bad Faith Issues in COVID-19 Claims
4/3/20
By: Adrianna Michalska and Eric Retter
Every American is reminded daily that Coronavirus
spreads easily and quickly. So has the impact on the insurance industry. How
fast? Less than a month after the first U.S. death attributed to the virus …
More Restaurant Owners ask Courts to Find that COVID-19 Has Caused “Direct Physical Loss” Triggering Business Interruption Coverage
4/1/20
By: Renata Hoddinott and Isis Miranda
Famed chef Thomas
Keller’s restaurant groups sued two insurers in Napa County Superior Court last
week, seeking a declaration that the policies cover business interruption
losses incurred because of a Shelter-at-Home Order. In the …
Coalition of Insurance and Business Groups Propose the COVID-19 Business and Employee Continuity and Recovery Fund
4/1/20
By: Nicole L. Graham and Zachariah E. Moura
A broad coalition
has urged the federal government to create a recovery fund for businesses hit
hard by the COVID-19 pandemic.
Representatives
of 36 trade groups from real estate, insurance, retail and …
With the 2020 Drafts in Limbo due to COVID-19, could College Athletes find Coverage under “Loss of Value” Policies?
3/31/20
By: Matthew Jones
The effective shutdown of sporting events due to the spread
of COVID-19 is having a financial effect on many people in all walks of
life. Perhaps overlooked are college
athletes who aspire to have contracts with professional …
More States are Following New Jersey’s Lead in Enacting Legislation to Require Insurers to Cover COVID-19 Losses
3/31/20
By: Erin Lamb and Ben Dunlap
FMG reported extensively after New Jersey began debating a bill that would force insurers to cover Business Interruption losses arising from COVID-19. The New Jersey bill would require courts to ignore virus and bacteria …
Navigating Insurance Coverage Questions in the Age of COVID-19
3/30/20
By: Katie Cusack
It is no secret that concerns about
coronavirus and COVID-19 have impacted tens of thousands of businesses across
the world. In many industries, its
effects are novel, and many businesses are unsure of what their obligations are
…
Coverage for unclean hands? Plaintiffs Say Manufacturer Misrepresented Sanitizer’s Effect on Coronavirus
3/25/20
By: Renata Hoddinott and Barry Miller
On March 23 FMG presented the webinar Navigating Coverage Issues Arising from COVID-19. Presenters Marc Shrake, Erin Lamb, and Barry Miller discussed four lawsuits that already have been filed alleging claims related to coronavirus.…