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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 t...

issued by Factory Mutual Insurance Co. The Glassboro school's suit contends its policy covers all risks "unless expressly limited or excluded. Among other claims, it cites financial losses from an "almost complete closure" of Rowan's multiple locations under pandemic emergency orders. The suit also seeks to recover the cost of reimbursements for students' room-and-board expenses "totaling in the millions of dollars." Factory Mutual's parent company, FM Global, said Thursday it is "unfortunate when legal matters arise because we strongly believe our insurance policies are clear on the covera...

Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit Thursday, May 6, 2021 On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of  Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021). This is the third COVID-19-related business interruption decision fro...

To print this article, all you need is to be registered or login on Mondaq.com. The determination of whether a tenant is also a coinsured under the landlord's policy ultimately comes down to the language in the lease and relationship between the parties. In the absence of specific language or a unique relationship, most courts utilize presumptions of whether the party is a coinsured or not. In fact, a majority of jurisdictions have adopted the presumption stated in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), that the tenant is presumed as an additional insur...

Philadelphia Eagles' COVID Losses Not Covered, Insurer Says By Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing. Sign up for our Insurance newsletter You must correct or enter the following before you can sign up: Email (NOTE: Free email domains not supported) Primary area of interest Thank You! La...