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What Insurers Need to Know About Recent Rulings in Georgia on Apportionment, Recoupment and COVID-19 Claims

There are several recent developments in Georgia law that could bring major changes for insurers in the areas of apportionment, recoupment of defense…

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Eleventh Circuit Finds For Insurer In COVID-19 Case Of First Impression In Georgia - Insurance Claims

The case is styled Henry's Louisiana Grill, Inc. v. Allied Insurance Company of America, United States Court of Appeals for the Eleventh Circuit, Case No. 20-14156.

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11th Circ. Affirms Nationwide's Win In Eatery's Virus Suit

The Eleventh Circuit on Friday affirmed a Nationwide unit's win in a coverage dispute over pandemic-related losses, finding that a Georgia restaurant failed to allege any physical loss or damage to its property that would trigger coverage under its policy.

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Insurers Prevail in First Two U.S. Appellate Court Decisions | Hinshaw & Culbertson - Insights for Insurers

Insurers Prevail in First Two U.S. Appellate Court Decisions | Hinshaw & Culbertson - Insights for Insurers
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The Complex Insurance Coverage Reporter – 2020 Year in Review | White and Williams LLP

Maryland’s highest court adopts pro rata allocation for asbestos-related bodily injury claims under liability policies. The court began by explaining that injury spanning many years often implicates multiple policies and, therefore, implicates a continuous or injury-in-fact trigger under Maryland law. Adopting the reasoning of
Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., 802 A.2d 1070 (Md. Ct. Spec. App. 2002)
, app. dismissed, 821 A.2d 369 (Md. 2003), it rejected joint and several allocation because of its “poor fit” under the policy language:
[T]he pro rata approach is unmistakably consistent with the language of standard CGL policies. Indeed, “there is no logic to support the notion that one single insurance policy among 20 or 30 years worth of policies could be expected to be held liable for the entire time period.” …Consistent with the policy language limiting coverage to that which occurs “during the policy period,” the timing of the injury dictates both the manner in which the policies are triggered and the portion of damages for which each policy is responsible.

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COVID-19 Business Interruption Suits: An Overview Of Decisions To Date | Goodwin

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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S., most states and municipalities have at various points throughout the pandemic issued “shut down” orders to businesses in order to mitigate the spread of the virus. Businesses complied and suffered tremendous losses as a result. As we forecasted, many businesses subsequently filed claims with their commercial liability insurers, typically claiming that their losses are covered under the “business interruption” or the “civil authority” provisions of their policies. Those provisions are generally intended to provide coverage as follows:

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Business Interruption Coverage in the Year of COVID-19 | Burr & Forman

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COVID-19 has certainly been a devastating and disrupting force for businesses in 2020. Since the pandemic began, a major point of contention between corporate policyholders and insurers is whether these disruptions rise to “business interruptions” as defined under insurance policies offering business interruption (BI) coverage. Companies often purchase BI coverage as part of traditional “all-risk” commercial property policies., and the coverage is generally designed to cover lost income (often in the form of reduced gross earnings) arising from disruptions to an insured’s business operations. This update serves as a brief summary of how coronavirus-related BI coverage litigation has panned out thus far.

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Georgia Restaurant Takes Virus Coverage Fight To 11th Circ.

Georgia Restaurant Takes Virus Coverage Fight To 11th Circ.
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