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Nevada Supreme Court hears arguments over COVID-19 insurance dispute

The Nevada Supreme Court on Monday heard oral arguments from an insurance company claiming it should not have to provide coverage to Strip open-air mall.

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South Africa Gambling Industry Report 2022: Influencing Factors, Competitive Environment, Outlook, Industry Associations, State of the Market

/PRNewswire/ -- The "The South African Gambling Industry 2022" report has been added to ResearchAndMarkets.com's offering. This report focuses on the gambling...

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Nevada High Court Takes Up Las Vegas Mall COVID Fight

The Nevada Supreme Court is considering whether to kill a Las Vegas mall's case against its insurer over whether it's owed for pandemic-related losses, according to a series of filings in the high court, including an insurance industry group's plea to end the suit before a jury hears it.

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Pollution; Contamination Exclusions Don't Warrant COVID-19 BI Claim Denials

Monday, February 22, 2021
You are a policyholder whose business has been decimated by COVID-19. You tender a claim to your insurer under your policy—which does not contain a virus, communicable disease, or pandemic exclusion—for business interruption losses based upon the presence of COVID-19 at the insured properties. In response, your insurer denies coverage on the bases, among others, that COVID-19 exposure implicates exclusions in your policy for pollution or contamination.
For example, some property policies contain an exclusion that includes language such as “[t]he actual, alleged or threatened release, discharge, escape or dispersal of pollutants or contaminants, all whether direct or indirect, proximate or remote or in whole or in part caused by, contributed to or aggravated by any covered cause of loss under this Policy” and purport to define “pollutants or contaminants” as any “solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which after its release can cause or threaten damage to human health or human welfare or causes or threatens damage, deterioration, loss of value, marketability or loss of use to property insured hereunder, including, but not limited to, bacteria, virus, or hazardous substances.”

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COVID-19: COVID-19 Insurance Coverage Developments The National Landscape and the State of Play in Pennsylvania | K&L Gates LLP

The State of Play In Pennsylvania
According to the UPenn Covid Tracker, approximately 180 COVID-19-related coverage suits have been brought in Pennsylvania courts. As is the case nationally, most of the Pennsylvania cases are pending in federal courts. Also, according to the UPenn Covid Tracker, there have been 12) “merits” decisions by Pennsylvania courts’ rulings on insurer motions to dismiss. Nine of these decisions have been issued by the Eastern District of Pennsylvania, (1) by the Western District of Pennsylvania and (2) by the Court of Common Pleas of Philadelphia County.
Decisions by Pennsylvania State Courts (Pennsylvania Court of Common Pleas)
Ridley Park Fitness v. Philadelphia Indem. Ins. Co.

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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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