Covid

(Knock on Wood) — NY Courts Lift Facemask and 3-Foot Physical Distancing Requirements

Effective June 16, 2022, New York courthouse visitors, lawyers, judges, and staff will no longer be required to wear masks, with proof of vaccination, in light of receding COVID rates. Also being lifted in the courthouses is the three-foot physical distancing requirement.  (The policy identifies a vaccination card or a New York State Excelsior Plus Vaccination Pass as proof of vaccination.)...Read More

Yet Another Business Denied Coverage for Losses Related to Covid-19

In Big Red Management Corporation v. Zurich American Insurance Company, the Court granted insurance company Zurich’s motion to dismiss, concluding yet again that many insurance policies do not cover losses associated with Covid-19 and mandated closures. Big Red Management Corporation (“Big Red”) manages roughly a dozen restaurants in the Philadelphia region. All Big Red’s restaurants were...Read More

Willful or Wanton Disregard Employee Exposure to COVID-19 Will Not Overcome the Exclusivity of the Pennsylvania Workers Compensation Act (PA)

In Renata Barker v. Tyson Foods, Inc., the U.S. District Court for the Eastern District of Pennsylvania dismissed a complaint by plaintiff Renata Barker, as administratix of the estate of her deceased husband, Brian Barker. The complaint alleged that Brian’s employer, Tyson, caused his death through COVID-19 exposure. The plaintiff further alleged that Tyson implemented no safety measures,...Read More

Western District of PA Grants Motion Dismissing Claim for COVID-19 Losses

This month the U.S. District Court for Pennsylvania in the Western District granted a Defendant-Insurer’s motion to dismiss a plaintiff-dentist’s claim for lost business income stemming from COVID-19. The dentist had an insurance policy with the defendant that included coverage for lost business income stemming from physical loss or damage to its property and civil authority coverage. The...Read More

COVID Chaos – New York Court Finds No Coverage for Pandemic Losses

It would be near impossible to encounter someone who has not been affected in some way by the COVID-19 pandemic. The same proves true for insurance companies and courts across the nation have begun to address the issue of insurance coverage for pandemic-related losses. In Visconti Bus Serv., LLC v. Utica Natl. Ins. Group, 2021 NY Slip Op 21027 (Feb. 12, 2021), the New York Supreme Court,...Read More

COVID-19 Pandemic Claim For Damages Dismissed With Prejudice As Plaintiff Attempts To Flee To State Court (PA)

In the Eastern District of Pennsylvania case, Round Guys Brewing Company v. Cincinnati Insurance Company, Round Guys sought coverage for losses stemming from the omnipresent COVID-19 pandemic. Additionally, Round Guys attempted to remand the case back to Montgomery County, Pennsylvania, by arguing the case concerned matters of state law yet to be settled. In the next round, Chief Judge Sánchez...Read More

COVID Case Law Continues To Expand

In numerous suits across the country, judges are dismissing lawsuits seeking pandemic-related insurance coverage.  Recently, Hampshire House Corp., (more commonly known as the owner of the Bull and Finch – the Boston bar that inspired the 1980s classic “Cheers”), brought suit in Massachusetts federal court seeking recovery for pandemic-related losses. In its complaint, Hampshire House Corp....Read More

NY District Court Breaks with Other States on COVID-19 Insurance Coverage but Leaves Door Open

New York courts have been stricter on businesses seeking insurance coverage for pandemic related damages, however, there are still possibilities of coverage even if the policy includes contamination or loss of use exclusions, as exemplified in Thor Equities, LLC v. Factory Mutual Insurance Company. Plaintiff, Thor Equities LLC (“Thor”), a commercial landlord, rents hundreds of properties...Read More

A New Side to COVID-19 Litigation (NJ)

Last week, in Open MRI v. Cigna Health and Life Insurance, a New Jersey judge dismissed a suit alleging Cigna was unjustly enriched as a result of its refusal to pay for a health care provider’s costs of administering COVID-19 tests. Open MRI is a medical practice with locations throughout New Jersey. During the pandemic, Open MRI administered COVID-19 tests, diagnosed COVID-19 when necessary,...Read More

Eighth Circuit Rules in Favor of Insurers In Connection With Covid Related Losses

On July 2, the Eighth Circuit became the first federal appellate court to weigh in on whether a business could recover business interruption losses for COVID-19 related claims. In Oral Surgeons, P.C. v. The Cincinnati Insurance Co., the court affirmed a federal district court decision from the Southern District of Iowa, which rejected a policyholder’s COVID-related business interruption claim....Read More