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Insurers' COVID-19 Notepad: What You Need to Know Now - Week of (March 7, 2022)

On March 7, 2022, the Fourth Circuit affirmed the dismissal of a creative events business’ COVID-19 business interruption claim. The court held that…

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 4) | All Alerts & Newsletters

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 4) | All Alerts & Newsletters
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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of August 2) | All Alerts & Newsletters

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of August 2) | All Alerts & Newsletters
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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of July 5) | All Alerts & Newsletters

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of July 5) | All Alerts & Newsletters
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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of June 28) | All Alerts & Newsletters

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of June 28) | All Alerts & Newsletters
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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of June 14) | All Alerts & Newsletters

Insurers' COVID-19 Notepad: What You Need to Know Now (Week of June 14) | All Alerts & Newsletters
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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 24) | All Alerts & Newsletters

May.24.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 13, 2021, the district court for the Northern District of Georgia granted American Family Insurance Company’s and Midvale Indemnity Company’s motion to dismiss a COVID-19 business interruption claim filed by the operators of two barbeque restaurants. The court concluded that the plain meaning of the phrase “direct physical loss” requires that there be “actual, physical damage to the covered premises” and the plaintiffs failed to allege any change to the physical condition of property due to COVID-19 closure orders. Order at 11. The court further found that the policy’s unambiguous virus exclusion bars coverage because the plaintiffs “claim no losses that were not caused, at least indirectly, by the virus.”

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 17) | All Alerts & Newsletters

May.18.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 7, 2021, the district court for the Northern District of Illinois granted Westfield National Insurance Company’s motion to dismiss a Chicago bakery and a salon’s complaint alleging coronavirus-related business interruption losses. Determining the virus exclusion unambiguously bars coverage for loss indirectly caused by the coronavirus, the court found meritless the plaintiffs’ argument that the government closure orders, rather than the virus, caused their losses. Order at 7-8. Including the virus exclusion within the policy “undercuts” any argument “that Westfield unjustifiably denied” their claims.
Id. at 10.
On May 10, 2021, the Circuit Court of Cook County, Illinois granted with prejudice Motorists Commercial Mutual Insurance Company’s motion to dismiss a COVID-19 business interruption claim filed by the operator of automobile dealerships and repair shops. The court found that business interruption coverage was not available because there was neither direct physical loss of nor damage to the plaintiffs’ property due to the presence of COVID-19 on the surfaces of the premises, as “Covid-19 impacts human health and behavior but not physical structures.” Order at 7-8. The court further concluded that coverage was barred by the policy’s virus exclusion, which “could not be more clear,” as it states that the insurer will not pay for loss or damage caused by or resulting from any virus.

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of April 12) | All Alerts & Newsletters

Apr.12.2021
Courts Dismiss COVID-19 Business Interruption Claims
On April 9, 2021, the district court for the Central District of California granted Topa Insurance Company’s motion to dismiss a restaurant and nightclub’s COVID-19 related claim. According to the court, the policy “clearly condition[ed] recovery on physical loss or damage to the insured premises” (Order at 5), and the complaint alleged only that the coronavirus “prevented it from using its property for” its intended purpose, which is not enough to “allege direct physical loss or damage.”
Id. at 6. The court held that “even if the Policy covered permanent dispossession, which it does not, Caribe has not alleged permanent dispossession, nor could it, as COVID-19 safety orders only temporarily restricted Caribe’s use of its premises.”

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of March 15) | All Alerts & Newsletters

Mar.15.2021
Courts Dismiss COVID-19 Business Interruption Claims
On March 8, 2021, the district court for the Southern District of California granted Travelers Property Casualty Company of America’s motion to dismiss a flower importer and distributor’s COVID-19 extra expense claim. The court found that the policy’s Acts or Decisions Exclusion which “bars coverage for property damage, loss, and expense that is caused by or results from any decision, act or failure to act or decide, by…any ‘governmental body,’” unambiguously excluded coverage.
See Order at 13. Because Travelers based its denial of coverage on the applicable exclusion, the court similarly dismissed the plaintiff’s breach of implied covenant of good faith and fair dealing claim.

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