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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 12)


Federal Courts Dismiss COVID-19 Business Interruption Claims, Address Effect of Executive Orders on Physical Damage Issue
On October 7, 2020, the U.S. District Court for the Northern District of Texas granted Cincinnati Insurance Company’s motion to dismiss a restaurant group’s complaint for COVID-19 business interruption losses. The court concluded that the plaintiff failed to plead that it suffered a direct physical loss or damage and therefore could not state a claim for breach of contract due to the conclusory nature of its allegations. Order at 2. The declaratory judgment claim failed for the same reason.
Id. at 4-5. The court granted the plaintiff leave to replead because its complaint had been filed under Texas state pleading rules prior to the case being removed to federal court and the court determined that it should be allowed an opportunity to replead under the federal pleading standards.

Which Court Will Be the First to Decide Whether Business Interruption Insurance Policies Cover Losses Due to COVID-19? | Butler Snow LLP

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Since March, businesses across the country have closed to comply with various local and state orders entered suspending business operations to prevent the spread of COVID-19.  Some of these businesses have filed insurance claims seeking coverage for the losses associated with the suspension of business. Historically, some insurance policies address coverage associated with viruses and actions taken by the government, but the coverage issues created by the Shelter-in-Place orders are novel in most jurisdictions. In the recently filed lawsuits, the policy language the businesses are invoking vary, but the arguments for coverage are similar.  Accordingly, the ultimate determination of whether the lost business income will be covered under the policies will depend upon the specific policy at issue and prior precedent in the jurisdiction where the case is pending.

Major Trends In COVID-19 Business Interruption Lawsuits

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Major Trends In COVID-19 Business Interruption Lawsuits
By
Lee Siegel and Ryan Maxwell
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Major Trends In COVID-19 Business Interruption Lawsuits

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Major Trends In COVID-19 Business Interruption Lawsuits
By
Lee Siegel and Ryan Maxwell
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.
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Do You Have Insurance Coverage For Business Losses Due to the COVID-19 Pandemic?


Do You Have Insurance Coverage For Business Losses Due to the COVID-19 Pandemic?
Published on:
22 April 2020 at 12:00 p.m. ET
April 22, 2020, noon
April 22, 2020, 7:35 a.m.
insideARM.com
The iA Institute
--
Many business owners have incurred, and will continue to incur, substantial financial losses as a result of the COVID-19 pandemic. Because these losses may be covered by commercial business insurance policies we have been assisting our clients by reviewing their policies and making claims for coverage.  Not surprisingly, insurance companies are quick to provide coverage for COVID-19 related losses.  This, however, should not deter you from pursuing coverage in appropriate cases.  We are glad to assist you in determining whether your business insurance policy provides coverage and making a claim if appropriate.

Businesses Urge New MDL Over Virus Interruption Coverage

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Businesses Urge New MDL Over Virus Interruption Coverage
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.
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Thank You!
Law360 (April 20, 2020, 8:49 PM EDT) --

Insurers' COVID-19 Notepad: What You Need to Know Now | All Alerts & Newsletters

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Apr.20.2020
New Business Interruption Suits Against Insurers:
The owner/operator of a South Philadelphia restaurant sued Admiral Indemnity Company in the U.S. District Court for the Eastern District of Pennsylvania for coverage under an “all-risk” policy. In response to several government orders requiring the closure of “non-essential businesses,” plaintiff’s restaurant suffered business losses. Complaint at ¶¶ 26-32. Plaintiff asserts that the policy’s “Civil Authority” provision provides coverage for “the actual loss of business income sustained and the … extra expenses incurred when access to the Insured Property is specifically prohibited by order of civil authority as the direct result of a covered cause of loss to property in the immediate area of Plaintiffs’ Insured Property.”

Chicago Restaurant Hits Insurer With COVID-19 Coverage Suit

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Chicago Restaurant Hits Insurer With COVID-19 Coverage Suit
By
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Law360 (April 15, 2020, 6:03 PM EDT) --

Carrier Considerations: Business Interruption Coverage for COVID-19 Losses | Sheppard Mullin Richter & Hampton LLP

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The insurance industry is bracing itself for the large number of claims arising out of the novel coronavirus pandemic.  Depending on the coverage form involved, insurers should have strong coverage defenses to most of these claims.
Standard commercial property forms were never designed to cover pandemic-related losses.  And after the SARS pandemic, standard property forms were tightened to expressly restrict coverage for viruses and communicable or infectious diseases.[1]   Nevertheless, policyholders facing billion-dollar losses from mass shutdowns and business disruptions will first reach for coverage where it is unlikely to exist—their commercial property policies and, specifically, their business interruption, contingent business interruption, and civil authority coverages.

Class Certification Issues in Coronavirus-Related Commercial Property Insurance Litigation | Zelle LLP

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The coronavirus pandemic raises the specter of potential class action exposure for commercial property insurers.  The combination of staggering losses to America’s small businesses and the perceived deep pockets of insurers will undoubtedly incentivize some plaintiffs’ lawyers to try to force the square peg of commercial property coverage disputes into the round hole of the class action device.  The first ripples of a potential wave of class litigation seeking coverage for coronavirus-related business income losses are already arriving in the courts. 
One of the first such actions was recently filed on behalf of six Chicago-area bar and restaurant groups (“

Blog: Ongoing COVID-19 Related Insurance Coverage Litigation - What You Need to Know | Cooley LLP

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As the coronavirus pandemic continues to lead to the closing of many bars, restaurants, movie theaters and other venues, businesses have predictably turned to their insurance policies to cover coronavirus-related losses. In the last month alone, businesses have filed several insurance coverage lawsuits concerning these issues, which may have important ramifications on whether policyholders can rely on their insurance for virus-related losses moving forward.
In mid-March, New Orleans restaurant Oceana Grill filed a lawsuit in Louisiana state court seeking coverage under its property and business interruption policy due to mandated closures resulting from COVID-19.

Business Interruption Coverage for COVID-19 Losses

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Wednesday, April 8, 2020
The insurance industry is bracing itself for the large number of claims arising out of the novel coronavirus pandemic.  Depending on the coverage form involved, insurers should have strong coverage defenses to most of these claims.
Standard commercial property forms were never designed to cover pandemic-related losses.  And after the SARS pandemic, standard property forms were tightened to expressly restrict coverage for viruses and communicable or infectious diseases.[1]   Nevertheless, policyholders facing billion-dollar losses from mass shutdowns and business disruptions will first reach for coverage where it is unlikely to exist—their commercial property policies and, specifically, their business interruption, contingent business interruption, and civil authority coverages.

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses | Eversheds Sutherland (US) LLP

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As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance. Because many commercial insurance policies likely do not provide business interruption coverage for losses occasioned by COVID-19 related shutdowns, there will be mounting legislative and regulatory pressure on insurers to pay business interruption losses despite what their policies say, as well as litigation regarding coverage under such policies.
Overview
Standard commercial property insurance policies typically include one or more “time element” coverages that protect insureds against reduced earnings and increased expenses because of damage to the property they use to conduct business or, in the case of contingent time element coverages, the property of others on whom they may depend. The purpose of such insurance is to put insureds in substantially the same financial position they would be in if the property damage had not occurred. These coverages are called “time element” because the severity of loss depends on the length of the interruption in normal business operations.

COVID-19-Related Losses and Business Interruption Insurance | Eversheds Sutherland (US) LLP

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This page will be updated with notable regulatory, legislative, and litigation developments on this topic.
As the COVID-19 pandemic continues to have significant economic consequences for the US economy, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered under the property insurance policies covering their businesses. Because many commercial policies likely do not provide business interruption (BI) coverage for losses occasioned by COVID-19-related shutdowns, there will be mounting legislative and regulatory pressure on insurers to pay BI losses despite what their policies say, as well as coverage litigation.

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