COVID-19

Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses

In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More

Another Covid-19 Victory for Insurers, This Time in New Jersey (NJ)

In a short, terse opinion, a federal judge in New Jersey ruled this week that owners of Wendy’s, T.G.I. Friday’s, Marriott, and Hilton franchises cannot recover for losses caused by Covid-19-related shutdowns. The decision adds to the growing amount of case law on this issue which has significantly favored insurers over policyholders. In Manhattan Partners, LLC v. American Guarantee &...Read More

COVID-19 Illness is a Reasonable Excuse for Default (NY)

Solomon v. Gun Hill Assoc Trust, No. 24150, 2021 WL 923114 (Bronx Cty. Sup. Ct. Feb. 26, 2021) is a personal injury case, wherein Plaintiff alleged damages after a trip-and-fall in a driveway leading to a parking lot jointly used by several businesses. Defendant Dunkin’ Donuts Franchising, LLC (“Dunkin”) previously moved for summary judgment on the grounds that – by virtue of its franchise...Read More

Virus Coverage Doesn’t Always Mean Coronavirus Coverage (PA)

As the ever-changing landscape of COVID-19 insurance litigation gets more and more crowded, courts are becoming even more attentive to the language of the insurance policies at issue. In Ultimate Hearing Solutions II, LLC v. Twin City Fire Insurance Co., the Eastern District of Pennsylvania Court dissected an insurance provision titled “Virus Coverage” and found for the insurer based on a...Read More

COVID Court Ruling (NY)

Adding to the quickly growing body of COVID-related insurance case law, a New York federal judge recently held that an art gallery could not recover financial losses due to government-mandated closures, finding that there was no “direct physical loss” as required by the policy. The Guy Hepner art gallery in Chelsea had a policy with Sentinel Insurance Company which contained a “business...Read More

COVID-19 Relief and Liability Provisions

The latest round of federal COVID-19 relief fails to cover one major sticking point in the negotiations: liability. The GOP spent months attempting to integrate a provision limiting liability for COVID-related lawsuits into the relief package, insisting that a one-year statute of limitations and limited types of permissible claims were the only way to truly protect businesses and other...Read More

Business Interruption Claims in the Covid-19 Era: The Trend Continues

Earlier this week, a federal judge in the U.S. District Court for the Southern District of Florida dismissed a lawsuit seeking coverage for losses associated with the COVID-19 pandemic. In El Novillo Restaurant, et al. v. Certain Underwriters at Lloyd’s, London, et al., the plaintiffs filed suit seeking coverage for business income losses due to Covid-19.  In response to the amended complaint,...Read More

Jury Trial Suspension Due to COVID-19

Courts in the tri-state area have recently announced the suspension of jury trials due to the increase of COVID-19 cases. Philadelphia County and other Pennsylvania counties began resuming jury trials in September. On November 17, 2020, the Court of Common Pleas of Philadelphia County suspended jury trials until January 2021. https://www.courts.phila.gov/juryservice/;...Read More

District of New Jersey Grants Insurer’s Motion to Dismiss, Finding Virus Exclusion Precluded Coverage

In N&S Restaurant LLC v. Cumberland Mutual Fire Insurance Company, the District of New Jersey ruled upon whether coverage under a businessowners policy for Covid-19 closures was precluded by the policy’s virus exclusion. By way of background, Plaintiff N&S Restaurant had a businessowners policy (“Policy”) with Defendant Cumberland Mutual. Due to the Covid-19 pandemic, an Executive...Read More

North Carolina Superior Court First to Hold Covid Closure Equals Physical Loss

As the first wave of litigation over insurance company denials of business interruption coverage to restaurants and other businesses has begun to result in adjudicated decisions, those denials have been upheld, largely based upon a consistent interpretation that a mandated closure is not equivalent to an actual, direct physical loss or damage, as required to trigger coverage. However, in...Read More