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March 23, 2022
Nationwide Mutual Insurance Co. did not breach its insurance contract with two San Diego restaurants seeking coverage for pandemic-related losses, a California federal judge ruled, saying their claims were barred by a virus exclusion.
March 12, 2022
Federal appellate courts have taken divergent paths in grappling with COVID-19 coverage cases, with some waiting to hear from state high courts, others consolidating the suits and still more issuing ruling after ruling in favor of insurers who say policies don't cover the economic stifling of a global pandemic.
January 10, 2022
The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto....
October 26, 2021
Affiliated FM Insurance Co. told the Ninth Circuit that an Outback Steakhouse franchisee's COVID-19 coverage suit is barred by the court's recent holding that another retailer did not suffer covered physical loss or damage when it lost access to its property because of shutdown orders.
October 22, 2021
It has been a busy year and a half since the earliest COVID-19-related Business Interruption lawsuits were filed, and we are now seeing real decisions being made by the appellate courts on these claims.
October 19, 2021
Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858.
October 15, 2021
Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state...
October 15, 2021
In Mudpie, Inc. v. Travelers Casualty Insurance Company of America, California courts held that the coronavirus exclusion barred coverage. Mudpie could not plausibly show that the efficient cause was anything other than the virus.
October 14, 2021
In Mudpie, Inc. v. Travelers Casualty Ins. Co. of America, ----F.3d---(9th Cir. October 1, 2021), the United States Ninth Circuit Court of Appeals, applying California law, affirmed the district court's order dismissing a...
October 8, 2021
Ninth Circuit issued opinions in two cases involving the question of whether insurance provides coverage for business interruption losses associated with COVID-19 related government orders. Mudpie, Inc. v. Travelers Cas. Ins. Co. of Am. and Selane Prod. v. Cont’l Cas. CO