NEWS & ANALYSIS


Burlington's COVID-19 Coverage Suit Staying in Federal Court

By Ganesh Setty

Clothing retailer Burlington must have its COVID-19 business interruption suit against Zurich American Insurance Co. continue in New Jersey federal district court, a federal judge ruled, finding that New Jersey's state courts have sufficiently paved the way for determining how New Jersey law applies to Burlington's property policies.

Real Estate Co. Can't Get $12M Virus Coverage Under Policy

By Grace Dixon

A Connecticut state court judge axed a real estate investment firm's bid to recoup more than $12 million in pandemic-related losses from its insurer, finding that the claim falls clearly within a carveout for damages related to contamination.

8th Circ. Rejects Hotel Operator's Virus Coverage Appeal

By Riley Murdock

The Eighth Circuit refused to revive a hotel and restaurant operator's COVID-19 business interruption insurance suit against Continental Casualty Co. on Tuesday, finding the company did not show any covered physical loss or damage.

Policyholder Hopes Tested In Virus Case At Wash. High Court

By Shawn Rice

Washington’s top court seemed skeptical Tuesday that a pediatric dental practice’s slowdown of operations during the COVID-19 pandemic is tantamount to a loss caused by fire or rain requiring closure for repairs, in the court’s first in-person oral arguments held in over two years since the pandemic’s start.

2nd Circ. Precedent Dooms Boutique's Virus Coverage Suit

By Ben Zigterman

The owner of high-end clothing boutiques lost its COVID-19 coverage lawsuit with a Chubb unit when a New York federal judge ruled that the Second Circuit's precedent doomed the case because there wasn't any physical loss or damage to property.

Insurer Seeks Win In NJ Hair Salon's Virus Coverage Suit

By Ben Zigterman

A Farmers Insurance unit told a New Jersey federal judge that a hair salon has provided little evidence of physical loss or damage from COVID-19 and the pandemic shutdown orders.

Hotel REIT Says Insurers Must Cover COVID-19 Losses

By Hope Patti

A real estate investment trust asked a New York state court to find that the presence of COVID-19 and the virus that causes the disease triggers coverage under a $150 million all-risk insurance program, saying that a number of insurers wrongfully denied coverage of its pandemic-related losses.

NJ Panel Reverses Casino's Virus Coverage Suit Victory

By Eli Flesch

A New Jersey state appeals panel ruled that an Atlantic City casino and resort operator's suit for pandemic coverage should have been dismissed by a lower court that found the casino plausibly alleged it sustained the kind of direct damage required for coverage.

NH Medical Society Denounces Insurers' COVID-19 Science

By Ben Zigterman

The New Hampshire Medical Society blasted arguments from insurers that COVID-19 can be easily removed, telling the state's high court that the arguments amount to "junk science."

Restaurant Co. Denied NY High Court Bid In Virus Appeal

By Ben Zigterman

A New York appellate court denied a restaurant operator's request to take its COVID-19 coverage appeal to the state's highest court.

Wash. Justices To View Long-Awaited Virus Coverage Issues

By Shawn Rice

Policyholders and insurers will turn their attention to Washington's top court on June 28 as the justices consider whether a pediatric dental practice was insured for losses caused by government-imposed restrictions during the COVID-19 pandemic, in a venue policyholder attorneys have long hoped would prove friendly to their clients.

11th Circ. Upholds Ga. Arcade's Pandemic Coverage Loss

By Eli Flesch

A Georgia-based arcade company lost its appeal for coverage of its pandemic losses Thursday when an Eleventh Circuit panel ruled that the company failed to allege the kind of direct physical loss required for coverage under its Cincinnati policy.

Judge Hints Wawa Virus Case Fate Lies In NJ Appeals Rulings

By Hayley Fowler

The future of Wawa Inc.'s amended complaint seeking coverage for coronavirus-related losses rests largely on recent state appellate rulings favoring insurers after a New Jersey state judge questioned Thursday why those victories for the opposition shouldn't dismantle its case.

Zurich Fights La. Helicopter Co.'s Virus Coverage Appeal

By Ganesh Setty

Zurich urged the Fifth Circuit to uphold the dismissal of a Louisiana-based helicopter service company's suit seeking to recover COVID-19-related business interruption losses, after a state appeals panel handed a New Orleans restaurant owner a rare win in its own pandemic coverage suit.

Live Nation Says Insurer's Bid To Trim Virus Suit Is Tone-Deaf

By Craig Clough

Live Nation told a California federal judge Wednesday to tune out Factory Mutual Insurance Co.'s renewed request to trim its COVID-19 coverage suit, saying the "new" rulings cited by the insurer are irrelevant to its case.

Law Firm Asks 5th Circ. To Reconsider Tossing Virus Suit

By Riley Murdock

A Texas-based law firm asked the Fifth Circuit to give its COVID-19 business interruption suit against Cincinnati Insurance Co. a second chance, arguing that a three-judge panel didn't properly interpret what the firm said was ambiguous language in its policy.

Allianz Unit Tells 9th Circ. Not To Revive Virus Coverage Suit

By Riley Murdock

An Allianz unit asked the Ninth Circuit to uphold the dismissal of an Oregon medical group's COVID-19 business interruption claim, arguing that the business hasn't claimed a physical loss or damage necessary to trigger coverage.

NC Eateries Cite State Court Virus Coverage Win In Appeal

By Riley Murdock

A group of North Carolina restaurant operators asked the Fourth Circuit to revive a proposed COVID-19 business interruption class action against The Cincinnati Insurance Co. on Friday, arguing that a state court found that the same insurance policy covered pandemic-related losses.

Hartford Unit Scores NJ Appellate Win Over Virus Coverage

By Ben Zigterman

A New Jersey appellate panel upheld a Hartford unit's defeat of a COVID-19 coverage suit from a country club, finding that it has already rejected identical arguments from several other businesses.

Insurers Dealt Win On COVID-19 Claims By NJ Appeals Court

By Caroline Simson

A New Jersey state appeals court ruled for the first time Monday that insurers are not obligated to cover losses incurred by businesses that were forced to close or limit their operations during the COVID-19 pandemic since the properties did not suffer any direct physical loss or damage.