Covid

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

Does COVID-19 Mean Quarantine? (PA)

In a recent order from the Eastern District of Pennsylvania, the court addressed the first of what is sure to be many cases stemming from cancellations of vacations and other travel due to COVID-19. This case was a putative class action filed on behalf of individuals who cancelled travel due to the coronavirus pandemic and whose claims for travel insurance claims were later denied by the...Read More

Pennsylvania Federal Court Pulls The Emergency Brake On Car Dealers’ COVID-19 Lawsuits (PA)

In Star Buick, et al. v. Sentry Ins. Group, the Eastern District of Pennsylvania on May 26, 2021 dismissed plaintiffs’ Star Buick GMC, Star Buick GMC Cadillac, and Star Pre-Owned Bethlehem (collectively “Star Buick”) complaint seeking loss of business income pursuant to an all-risks business protection insurance policy. Star Buick filed an amended complaint seeking the loss of business...Read More