Property

  • August 09, 2021

    Trade Group Backs Wis. Pub For COVID-19 Coverage Win

    A restaurant trade group urged a Wisconsin appeals court to affirm the denial of Society Insurance's bid to toss a COVID-19 coverage suit brought by the owner of Houdini's Escape Gastropub, saying the court should confirm government shutdown orders can cause physical loss or damage to property by making the premises useless for their intended purposes.

  • August 09, 2021

    Ship Owner Wins $1.5M For Insurance Broker's Malpractice

    A jury in Florida federal court unanimously found that the owner of a sunken ship should receive more than $1.5 million from an insurance broker and three of his firms that misappropriated funds the vessel owner paid toward policies that were never obtained.

  • August 09, 2021

    Virus Exclusions Bar Salon, Laundromat's COVID-19 Coverage

    A pair of New Jersey federal judges said insurers' "virus exclusions" in their business insurance policies unambiguously barred coverage stemming from businesses' losses during the COVID-19 pandemic, dashing lawsuits by a salon and a chain of dry cleaners.

  • August 09, 2021

    Erie Insurance Virus MDL Can Move Ahead

    Businesses that couldn't get Erie Insurance to cover their pandemic-related losses should file a consolidated complaint in a Pittsburgh-based multidistrict litigation — or else face the possibility of being denied leave to amend if their cases are dismissed, a Pennsylvania federal judge said.

  • August 06, 2021

    9th Circ. Poised To Weigh COVID-19 Coverage Battles

    The Ninth Circuit will hear arguments Wednesday from policyholders and insurers in three suits over whether business-interruption coverage extends to pandemic-related losses, in what could be a preview of the many cases pending before federal appellate and trial courts.

  • August 05, 2021

    Illinois Cutlery Biz Sees COVID-19 Coverage Suit Cut Down

    An Illinois federal judge sliced a knife-sharpening business's lawsuit against Cincinnati Insurance Co. on Wednesday, finding the business's loss of use of its property during the pandemic did not amount to a direct physical loss that would trigger coverage.

  • August 05, 2021

    Iowa Justices Told About 8th Circ. Ruling On COVID Coverage

    Selective Insurance Company of America recently urged the Iowa Supreme Court to consider a pro-insurer Eighth Circuit ruling to decide whether COVID-19 pandemic-related closure orders caused covered losses to a Des Moines golf and country club.

  • August 05, 2021

    Travelers Sues Builder To Avoid Covering $50M Hotel Dispute

    Four Travelers insurance units have sued SR Construction Inc. in California federal court, asking a judge to rule that they don't need to cover the building company in an underlying case over a $50 million Hyatt hotel project in Palm Springs.

  • August 05, 2021

    Insurance Groups Urge 2nd Circ. Not To Revive NY Virus Suit

    Two insurance trade groups urged the Second Circuit to uphold a finding that a New York martial arts studio isn't entitled to coverage of pandemic losses, saying a ruling otherwise would imperil the state's insurance market and hurt policyholders.

  • August 04, 2021

    Policy Cancellation Bars Wis. Ski Resort's $5M Fire Claim

    A Wisconsin federal judge ruled Wednesday that Axis Surplus Insurance Co. is not required to pay a ski resort's $5 million fire damage claim, holding that the insurer validly canceled the policy before the fire.

  • August 04, 2021

    Med Group Makes Case For Virus Coverage To Ohio Justices

    In a closely watched business-interruption suit, Neuro-Communication Services Inc. told the Ohio Supreme Court that its property suffered direct physical damage due to the coronavirus, people infected with COVID-19 and related government closure orders.

  • August 04, 2021

    La. Restaurants Lose In COVID Contamination Coverage Suit

    A pair of historic New Orleans restaurants lost their bid for COVID-19 coverage when a Louisiana federal judge found no evidence that their products had been contaminated by the virus.

  • August 03, 2021

    La. Medical Lab Can Press Hurricane Coverage Claim

    A Louisiana medical lab can proceed with its lawsuit against Mt. Hawley Insurance Co. seeking coverage for income lost last year as a result of Hurricane Laura, a federal judge ruled Tuesday.

  • August 03, 2021

    Insurance Groups Urge 7th Circ. To Toss Virus Coverage Suit

    Two insurance trade groups asked the Seventh Circuit on Tuesday to throw out a mattress company's pandemic coverage appeal, saying that enforcing a virus exclusion in the company's policy is key to protecting the insurance market.

  • August 03, 2021

    Wis. Tribe Seeks Virus Coverage For Casinos In State Court

    A Wisconsin Native American tribe has dragged more than a dozen insurers to state court seeking pandemic-related coverage, arguing its casino and hotels' revenue losses are covered under tribal property policies.

  • August 03, 2021

    Virus Shutdown Orders Trigger Coverage, 11th Circ. Told

    A Florida optometry clinic has asked the Eleventh Circuit to revive its pandemic coverage suit, saying that the kind of physical loss required for coverage under its State Farm policy includes the loss of use of its property because of government orders.

  • August 03, 2021

    Landlord Compares COVID To Odor In 1st Circ. Coverage Bid

    In its bid for COVID-19 coverage, a Massachusetts landlord has asked the First Circuit to follow 50 years of court rulings finding that "direct physical loss of or damage to" property can occur even when there isn't structural damage.

  • August 03, 2021

    California Pizza Kitchen Hits Insurer With Virus Coverage Suit

    California Pizza Kitchen filed suit blaming the coronavirus pandemic, related closure orders affecting its restaurants and then Affiliated FM Insurance Co.'s failure to live up to its obligations under an all-risk policy for its forced bankruptcy filing last year, which it later emerged from.

  • August 03, 2021

    Excess Insurer Says Winery's Wildfire Damage Not On Its Tab

    An excess insurer wants to squeeze out of covering damages to a winery caused by a wildfire, saying the establishment has already received $8.3 million from its primary insurer.

  • August 02, 2021

    Burlington Wants $750M Virus Suit Back In NJ State Court

    Burlington Stores' suit against Zurich American Insurance over more than $750 million in pandemic-related losses belongs in state court, the retailer told a New Jersey federal court, saying the court should not resolve the novel insurance issue without guidance from state law.

  • August 02, 2021

    Planet Hollywood Stands Behind COVID-19 Coverage Suit

    Planet Hollywood has pushed back against Zurich American Insurance Co.'s bid to toss the restaurant chain's business interruption suit in Florida federal court over COVID-19 pandemic losses, saying it has plausibly alleged "direct physical loss of or damage to" its property.

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    Pa. Health Network Says Virus Losses Covered By Policy

    American Guarantee and Liability Insurance Co. has not provided a reasonable explanation for why it refused a Pennsylvania-based health network's claims for COVID-19-related losses under its $1 billion insurance policy, Allegheny Health Network has alleged in a lawsuit.

  • July 30, 2021

    Trade Group Joins COVID Coverage Fray At Ohio High Court

    A policyholder trade group has backed an Ohio audiology practice in a COVID-19 coverage suit before the state's Supreme Court, arguing the practice's inability to use its property due to an unsafe physical condition outside its control "is the exact type" of physical loss and damage that its policy covers.

  • July 30, 2021

    London Insurer Hits Tanning Co. With COVID-19 Coverage Suit

    A spa and beauty company can't recover for lost revenue from shutting down under COVID-19 closure orders, a London insurance syndicate said in a California federal suit, as there wasn't any physical damage and the policy excludes coverage for seizure of illegal property.

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