Covid

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

Pennsylvania Court Further Dilutes the Legal Landscape on Business Insurance Coverage During Covid-19

In MacMiles LLC v. Erie Insurance Exchange, the Allegheny Court of Common Pleas granted partial summary judgment in favor of plaintiff, a Pittsburgh tavern, holding it suffered “physical loss” because of the COVID-19 pandemic, and therefore entitled to reimbursement by its insurer. Erie issued MacMiles (d/b/a Grant Street Tavern) an insurance policy providing coverage for any direct “physical...Read More

Insurance Coverage Granted for Restaurant’s Loss of Business Income Caused by COVID-19

By way of brief background, in response to the spread of COVID-19, the Pennsylvania Governor issued mandates and orders that required all non-life sustaining businesses in Pennsylvania to cease operations and close physical locations, and citizens to stay at home. Due to these mandates and the spread of COVID-19, the plaintiff, Macmiles, LLC D/B/A Grant Street Tavern (“MacMiles”), suspended...Read More

Retired NY State Judges Will Be Able To Recertify After Being Forced To Step Off The Bench Due To COVID-19

New York State Supreme Court justices who reach the mandatory retirement age of 70 will again be able to re-apply for their job and continue the bench. The New York State Constitution says judges must retire at the end of the year they reach age 70. The constitution allows for judges to recertify for a maximum of three two-year terms after proving that they’re still mentally and physically fit...Read More

Philadelphia Court Allows COVID Insurance Cases To Move Forward (PA)

A Philadelphia insurer has asked a Philadelphia County judge to stay several cases it is facing from preschool franchisees, which claim they were improperly denied coverage for pandemic-related losses suffered after being forced to shut down. The insurer, pointing to a pending appeal in the Superior Court, argued that the holding would “likely be substantially controlling with respect to...Read More