NEWS & ANALYSIS


Insurer Secures Win In Ga. Hospitals' COVID-19 Coverage Suit

By Hope Patti

Affiliated FM Insurance Co. paid a group of Augusta University hospitals the maximum amount due under the policies' communicable disease coverage, a Georgia federal court ruled, finding that the group was entitled to a single global payment regardless of how many locations had the actual presence of COVID-19.

Insurer Defeats Thor Equities' Pandemic Rent Loss Suit

By Ben Zigterman

Factory Mutual Insurance Co. doesn't owe coverage to Thor Equities for its COVID-19-related business interruption losses, a New York federal judge ruled Friday, finding that the presence of the coronavirus at its properties did not qualify Thor for coverage of its lost rent.

Medical Society Can't Assist Co. In Virus Appeal, DC Circ. Told

By Jennifer Mandato

An insurer urged the D.C. Circuit to reject a medical society's proposed amicus brief filed in support of the owner of several professional basketball and hockey teams that is seeking COVID-19 coverage, arguing that the brief has "no potential" in helping the court decide the appeal.

NJ Justices Question Casino On Exclusion In Virus Appeal

By Ben Zigterman

Several New Jersey Supreme Court justices questioned an Atlantic City casino Wednesday as to why a contamination exclusion doesn't doom its bid for insurance coverage of its COVID-19-related losses.

Insurer Sanctioned In Las Vegas Casino's Virus Coverage Suit

By Hope Patti

A Nevada federal court sanctioned the insurer of a Las Vegas casino and resort involved in a dispute over coverage for pandemic-related losses, saying the carrier hid discoverable information from the casino when it failed to produce relevant portions of its claims manual.

4th Circ. Grapples With Decertifying COVID-19 Coverage Class

By Ben Zigterman

A Fourth Circuit panel grappled Wednesday with whether reversing a lower court's certification of a class of businesses seeking COVID-19 coverage from State Farm would be a waste of time, given how other federal appellate courts have ruled in such cases.

Loyola New Orleans' $10.5M COVID Loss Suit Tossed

By Elizabeth Daley

A Louisiana federal judge on Monday tossed Loyola University New Orleans' suit against its insurers, certain underwriters at Lloyd's of London, for more than $10.5 million in claimed COVID losses, finding the university never served those named in the case.

Nevada Supreme Court Rejects COVID-19 Coverage Appeal

By Riley Murdock

The Nevada Supreme Court ruled that a Las Vegas Strip open-air mall cannot get business interruption coverage for losses sustained during the COVID-19 pandemic under state law, overturning a lower court's decision to allow the case to proceed.

Medical Society Backs DC Sports Co.'s Virus Appeal

By Ben Zigterman

The owner of several professional basketball and hockey teams in Washington, D.C., received the backing of a medical society and a policyholder advocacy group in its pandemic coverage appeal before the D.C. Circuit.

8th Circ. Remands Casino's Virus Suit Over Jurisdiction Issue

By Hope Patti

The Eighth Circuit remanded an Iowa casino operator's COVID-19 coverage suit against Zurich American Insurance Co., saying Monday that an Iowa federal court must determine whether there is federal diversity jurisdiction.

NJ Lab Says Alliant Owes Payment For COVID-19 Testing

By Emily Enfinger

A laboratory that offered COVID-19 testing during the pandemic told a New Jersey federal court that it is still owed payment from Alliant Health Plans, saying it wasn't paid for all its claims submitted for patients covered by the insurer.

Frozen Yogurt Chain Loses COVID Pandemic Coverage Suit

By Riley Murdock

A New York federal judge ruled Thursday against Menchies in its COVID-19 business interruption suit against a Hanover unit, finding the frozen yogurt chain did not show a covered "physical loss of or damage to" property resulting from the pandemic.

Wash. Businesses' Virus Suits Not Special, 9th Circ. Told

By Jennifer Mandato

An Allianz unit urged the Ninth Circuit to affirm the dismissal of three policyholders' COVID-19 coverage suits, arguing that the Washington Supreme Court clearly established that the virus doesn't cause physical loss or damage to property.

9th Circ. Upholds Restaurants' Virus Coverage Loss

By Hope Patti

The Ninth Circuit affirmed the toss of a restaurant group's COVID-19 coverage suit, finding that a virus exclusion in a policy issued to the owner of Tocaya Organica restaurants across California and Arizona unambiguously bars coverage.

3rd Circ. Postpones Ruling On Urban Outfitters' Virus Appeal

By Riley Murdock

The Third Circuit paused Urban Outfitters' COVID-19 business interruption coverage appeal against Zurich American Insurance Co. until the court resolves a consolidated group of 14 appeals concerning similar issues.

8th Circ. Denies Restaurant Co. New COVID Coverage Trial

By Riley Murdock

The Eighth Circuit on Monday rejected a Midwestern restaurant operator's bid for a new trial in its COVID-19 business interruption coverage lawsuit against The Cincinnati Insurance Co. Inc., finding the company could not show physical loss or damage to its property from the virus.

No Need To Pause Urban Outfitters' Virus Appeal, Zurich Says

By Ben Zigterman

Zurich American Insurance Co. told the Third Circuit not to grant Urban Outfitters' request to pause its COVID-19 coverage appeal while the Pennsylvania Supreme Court considers similar issues, arguing that a stay is unnecessary.

Hotel Co.'s Virus Losses Economic, Not Physical, Judge Says

By Ben Zigterman

A Pennsylvania hotel and restaurant company isn't eligible for insurance coverage of its losses from COVID-19, a federal judge said, calling the company's losses economic and finding the company didn't allege a physical loss or damage from the coronavirus.

Urban Outfitters Seeks Pause Of Virus Coverage Appeal

By Ben Zigterman

Clothing retailer Urban Outfitters asked the Third Circuit to put the appeal of the dismissal of its COVID-19 coverage lawsuit on hold now that the Pennsylvania Supreme Court has decided to weigh in on similar issues.

Kentucky Panel Rejects Restaurant's COVID-19 Appeal

By Ganesh Setty

The owner of a Louisville restaurant cannot get insurance coverage for its COVID-19-related losses, a Kentucky appeals court ruled, finding the owner's coverage arguments have already been rejected across multiple jurisdictions.