NEWS & ANALYSIS


NBA Team's Insurer Says Ruling Dooms Virus Coverage Bid

By Ivan Moreno

Factory Mutual has urged a California federal judge to dismiss the Sacramento Kings' lawsuit demanding coverage for pandemic-related losses, arguing for the same conclusion a state appellate court reached recently against a hotel making a similar claim.

11th Circ. Asked To Toss Oyster Bar's Virus Coverage Suit

By Humberto J. Rocha

An insurer asked the Eleventh Circuit Court to honor a lower court's dismissal of a Miami oyster bar's suit over virus coverage claims, arguing that its policy insures property and that COVID-19 cannot cause actual physical damage to the bar.

Wash. Businesses Ask 9th Circ. To Revive Virus Suits

By Angela Childers

Two Washington businesses urged the Ninth Circuit Court of Appeals in nearly identical briefs Monday to overturn COVID-19 business loss rulings in favor of their insurers, arguing that "direct physical loss" should include the "deprivation" of the use of their properties.

Retailer's COVID Coverage Suit Tossed Under Virus Exclusion

By Shawn Rice

 A North Carolina federal judge threw out a coverage suit brought by the owner of retail clothing stores against the Hanover Insurance Group Inc. over pandemic-related losses, agreeing with a magistrate judge that a virus exclusion bars coverage for the losses tied to the coronavirus.

Insurers Have Edge In Georgia COVID-19 Coverage Fights

By Daphne Zhang

Attorneys defending insurers in COVID-19 business-interruption coverage disputes have felt comfortable litigating in Georgia, attributing their many victories to what they call a deep bench of federal judges who understand insurance law and a supportive Eleventh Circuit.

Judge Tosses NY Restaurant's $1.7M Virus Coverage Suit

By Ben Zigterman

A New York federal judge dismissed a $1.7 million COVID-19 coverage lawsuit from the owners of an upscale restaurant along the Hudson River, finding Thursday that its policy with a Hartford unit did not cover the restaurant's business losses.

Society Insurance Scores Win In Ill. Virus Coverage Suit

By Ben Zigterman

Society Insurance has no obligation to cover a group of businesses' COVID-19-related losses, an Illinois state judge said, finding that its policies don't cover a "loss of use" without a physical alteration.

Insurer Escapes Coverage For Fla. Biz's $9.6M Virus Losses

By Daphne Zhang

A Miami Beach hotel and restaurant property owner cannot get coverage for $9.6 million in pandemic-related losses under its property insurance policy with Tokio Marine Kiln, a Florida federal judge said Wednesday.

Bakery, Salon Ask 7th Circ. To Revive Virus Exclusion Suit

By Angela Childers

A Chicago pastry bakery and a salon urged the Seventh Circuit on Tuesday to revive their suit against Westfield National Insurance for more than $700,000 in pandemic losses, arguing the insurer didn't prove the virus was the "dominant cause" for purposes of a virus exclusion.

Iowa Casino Operator Dealt Loss Over COVID-19 Coverage

By Ben Zigterman

An Iowa federal judge dismissed a COVID-19 coverage lawsuit from an Iowa casino operator, finding that its losses are economic, not physical, and so not covered by Zurich American Insurance Co.

1st Calif. Virus Coverage Appeal Goes Against Hotelier

By Eli Flesch

A California hotel operator isn't entitled to coverage for its pandemic losses, a state appeals court found Monday, marking the first time a Golden State appellate court has ruled on a pandemic coverage dispute.

10th Circ. Told To Await Okla. Justices In Virus Coverage Row

By Shawn Rice

A Goodwill nonprofit affiliate in Oklahoma pressed the Tenth Circuit in a hearing Monday to step aside and allow the Sooner State's high court to decide issues in its COVID-19 coverage dispute with a Tokio Marine insurance unit, saying similar cases are already pending before that court.

Judge Recommends Scrapping Eatery's Virus Coverage Suit

By Eli Flesch

A federal judge recommended Monday that a Pennsylvania restaurant operator's pandemic coverage suit against The Cincinnati Casualty Co. be dismissed, saying the restaurant didn't sustain the kind of damage required for coverage.

Insurer Beats Boston Restaurant Group's Virus Coverage Suit

By Rachel Scharf

RSUI Indemnity Co. is not required to cover a Boston bar and restaurant group's losses stemming from the COVID-19 pandemic because the virus did not inflict "tangible damage" on any insured properties, a Massachusetts federal judge held Friday.

Furniture Co. Asks 7th Circ. To Revive Virus Coverage Suit

By Ben Zigterman

A Wisconsin furniture company asked the Seventh Circuit to overturn a district judge's rejection of its COVID-19 coverage suit against a Liberty Mutual unit, arguing that Badger State law is unsettled on what qualifies as a "direct physical loss."

Hotel In Versace Mansion Gets Split Virus Coverage Ruling

By Eli Flesch

The owners of a hotel in the former Versace Mansion in Miami lost out on a bid for business-interruption coverage for $3 million in pandemic losses, but a New York judge on Wednesday allowed them to proceed with a communicable disease coverage claim.

7th Circ. Mulls Virus Exclusion For Ill. Mattress Co.'s Losses

By Shawn Rice

A Seventh Circuit panel didn't seem convinced during a Wednesday hearing that an Illinois mattress company could get around its insurance policy's virus exclusion and get coverage for its pandemic-related losses, suggesting that the coronavirus was the catalyst for the government closure orders.

Salon's Virus Coverage Class Action Doomed By Exclusion

By Eli Flesch

A Hartford insurer doesn't need to cover a Nevada-based salon's pandemic losses, a Connecticut federal judge ruled, saying a virus exclusion precluded all coverage.

MLB Teams Ask 9th Circ. To Revive Virus Coverage Fights

By Max Jaeger

Five Major League Baseball teams urged the Ninth Circuit on Monday to reverse a key ruling and let California state courts define "physical loss or damage" in a COVID-19 insurance dispute that threatens to undermine their own coverage-denial lawsuits.

Kings Arena Insurer Can Cite Key 9th Circ. Virus Ruling

By Eli Flesch

The insurer of the Sacramento Kings' arena operator can cite a key Ninth Circuit ruling favoring insurance companies in its fight to avoid covering pandemic losses the basketball team and arena incurred, a California federal judge ruled Monday.