Pennsylvania Federal Court Continues Trend Of Finding No Coverage For Covid-19 Business Interruption Losses
As we have reported, policyholders have largely been unsuccessful in convincing Federal courts to declare that coverage exists for business interruption claims as a result of the COVID-19 pandemic. The United States District Court for the Eastern District of Pennsylvania continued this trend in its recent decision in Delaware Valley Management, LLC, et al. v. Continental Casualty Company. The...Read More
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Bad Day At The Track For Plaintiff In Its Attempt To Have Its Declaratory Judgment Action Decided In State Court
In Greenwood Racing v. American Guarantee & Liability Insurance Co. and Steadfast Insurance Co., the District Court for the Eastern District of Pennsylvania denied Greenwood Racing’s (“Greenwood”) motion to remand the case to state court. The court reasoned that although it could have abstained from jurisdiction, there were no novel issues of state law requiring remand. Greenwood, like...Read More
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Court Rules On Business Losses Due To Covid-19 Restrictions (PA)
Business closed due to Covid-19? Sorry, you may be out of luck. When Pennsylvania Governor Tom Wolf mandated the closure of all non-life sustaining businesses in March 2020, enterprises across the state had to shut their doors and hope the Covid-19 virus would simply run its course. As we know now, Covid-19 is here to stay and as a result, many businesses have struggled to keep their doors...Read More
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Call Your Next Witness – Brian & Georgia Discuss the Courts and new Associates Starting their Careers this Fall
No guest this week — instead, Brian Gibbons and Georgia Coats discuss the seemingly ever-changing impact of COVID-19 and the delta variant on court operations. As recently as a few months ago, the pandemic seemed to be on its last legs, but numbers are trending in the wrong direction again. What does that mean for court operations this Fall and Winter, in NYC and elsewhere? Also, with...Read More
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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
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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
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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
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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
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by Colleen HayesApril 15, 2021 Covid, COVID-19, Coverage, Insurance, Of Interest, Pennsylvania0 comments
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
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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
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