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COVID-19 and Business Interruption Coverage Claims

Insurance coverage was a means to preserve shuttered business throughout the COVID pandemic and to keep doors open and staff employed. Facing coverage denials from their insurers, many policyholders took to the courts, often with the survival of their businesses hanging in the balance.

California , United-states , Ohio , American , World-health-organization , Travelers-insurance-co , Ceres-enterprises , Civil-authority , Restaurant-systems-inc , Global-health-emergency-on , Zurich-american-insurance-co

UK Supreme Court FCA Business Interruption Test Case

5 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others: how the law has changed in light of the judgment and looks at certain practical issues that policyholders may need to consider going forward.

United-kingdom , London , City-of , Jay , Rockliffe-hall-ltd , Michelin , Financial-conduct-authority , National-health-service , Supreme-court , Travelers-insurance-co , Orient-express-hotelsv-assicurazioni , London-limitedv-allianz-insurance-plc

COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement | K&L Gates LLP


On 15 January 2021, the Supreme Court handed down its judgment in
The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim for business interruption losses inflicted by the COVID-19 pandemic. The judgment represents the final word on the issues considered in the test case and is generally helpful to policyholders with non-damage business interruption coverage extensions. However, as noted in this alert, the judgment left some issues unresolved, particularly in relation to certain coverage clauses and how claims should be quantified. In relation to those issues that were decided, the judgment is likely to have wider implications for English insurance law generally. In particular, the Supreme Court considered issues of causation and trends clauses in far greater detail than the High Court judgment (for which see our alert of 22 September 2020. This alert briefly considers how the law has changed in light of the judgment and looks at certain practical issues that policyholders may need to consider going forward.

United-kingdom , London , City-of , Jay , Rockliffe-hall-ltd , Kl-gates , Michelin , Financial-conduct-authority , National-health-service , Supreme-court , Travelers-insurance-co , Orient-express-hotelsv-assicurazioni

U.S. District Court for the Southern District of Illinois: Actions Taken on Feb. 12


Winfield Solutions, LLC:
'Complaint Against All Defendants ( Filing Fee $ 402 Receipt Number 0754-4402053.), Filed By All Plaintiffs.(barrett, Charles)'
'Notice Of Initial Assignment To A U.s. Magistrate Judge: This Case Has Been Randomly Assigned To United States Magistrate Judge Gilbert C. Sison Pursuant To Administrative Order No. 257. The Parties Are Advised That Their Consent Is Required If The Assigned Magistrate Judge Is To Conduct All Further Proceedings In The Case, Including Trial And Final Entry Of Judgment Pursuant To 28 U.s.c. 636(c) And Federal Rule Of Civil Procedure 73. As Set Forth In Administrative Order No. 257, Each Party Will Be Required To File A Notice And Consent To Proceed Before A Magistrate Judge Jurisdiction Form Indicating Consent Or Nonconsent To The Jurisdiction Of The Assigned Magistrate Judge. If All Parties Do Not Consent To The Magistrate Judge's Jurisdiction, The Case Will Be Randomly Assigned To A District Judge For All Further Proceedings And The Parties Cannot Later Consent To Reassignment Of The Case To A Magistrate Judge. The Parties Are Further Advised That They Are Free To Withhold Consent Without Adverse Substantive Consequences. Within 21 Days Of This Notice, The Following Party Or Parties Must File The Attached Form Indicating Consent To Proceed Before The Assigned Magistrate Judge Or An Affirmative Declination To Consent: Jones Planting Co. Iii. A Link Regarding The Magistrate Judges In This District Is Attached For Your Convenience: Http://www.ilsd.uscourts.gov/documents/benefitsofconsent.pdf. All Future Documents Must Bear Case Number 3:21-cv-173-gcs. Refer To Civil/removal Case Processing Requirements, Found On The Ilsd Website, For Further Service Information. Consent Due By 3/5/2021 (kls3)'

Madison-county , Illinois , United-states , Franklin-county , Thomasb-underwood , Lancep-brown , Marka-beatty , Google-re , Debra-wilmore , Roderickt-dunne , Michaeld-sanders , Debra-willmore

12 things you should have in your car if you have to drive in the snow


12 things you should have in your car if you have to drive in the snow
Updated Feb 02, 2021;
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Most of New Jersey is blanketed in snow after a long storm walloped the Garden State with up to two feet of snow in some places. While the state is still advising people to stay off the roads so the plows can keep things clear, if you have to get in your car, safety experts say drivers should take steps now to ensure their cars are stocked with essential items.
From standard winter tools to extra clothing to keep warm, these are among the most important items to stash in your vehicle in case you have to trek through snowy roads to get to work or school, or make your way home safely.

New-jersey , United-states , Travelers-insurance-co , Delaware-river-commission , Jersey-office-of-emergency-management , Garden-state , New-jersey-office , Emergency-management , New-jersey-division , Highway-traffic-safety , Delaware-river-joint-toll-bridge-commission

Anthony F. D'Amato | Republican-American


December 29, 2020
1502
NAUGATUCK — Anthony Francis D’Amato, 72, died peacefully yet unexpectedly at Saint Mary’s Hospital on Christmas Eve 2020.
He is survived by his wife, Jamie D’Amato; mother, Cathryn (Calabrese) D’Amato; sister, Judy Ouellette; beloved daughters, Stephanie Nortman and Lindsey D’Amato, and two grandchildren, Jack and Francesca Nortman. He was predeceased by his father, Albert D’Amato.
Anthony leaves behind his stepchildren, Casey Nicholson and her daughters, Jeremy Nixon and his sons, and Chloe Nixon; his mother-in-law Arline Best; as well as Jamie’s brothers and their wives and children. He is also survived by his former wife Carol D’Amato, and his longtime friends Reggie Brulotte and Alan D’Amato (cousin).

East-haven , Connecticut , United-states , Lawrence-school , Notre-dame-high-school , Italy , West-haven , Naugatuck , Italian , American , Alan-damato , Stephanie-nortman

Supreme Court Green Lights Arkansas Law Regulating PBM Pricing Practices | White & Case LLP


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On December 10, 2020, the Supreme Court in Rutledge v. Pharmaceutical Care Management Association held that ERISA does not pre-empt an Arkansas law regulating PBM prescription drug payment rates to pharmacies because it merely functions as a "cost regulation"—it does not "forc[e]" ERISA plans "to adopt any particular scheme of substantial coverage" or otherwise impermissibly "relate to" ERISA plans. As a practical matter, the 8-0 ruling, which surprised many in the industry, likely puts an end to any serious ERISA pre-emption challenges to similar laws adopted in more than 35 states.  More importantly, the ruling may give more leeway to states seeking to expand regulation of prescription drug and other health care reimbursement rates, even if those efforts might lead to increases in health plan costs or reductions in plan benefits.

Arkansas , United-states , New-york , California , Iowa , America , Justice-thoma , Justice-sotomayor , Justice-kavanaugh , Justice-barrett , Justice-thomas , Supreme-court-held

12 things you should have in your car before a big snowstorm hits


12 things you should have in your car before a big snowstorm hits
Updated Dec 14, 2020;
Posted Dec 14, 2020
Experts say all drivers should have a bunch of essential items inside their car before nasty winter weather arrives.Pixabay
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With winter fast approaching and threats of the season’s first major snowstorm upon us, safety experts say drivers should take steps now to ensure their cars are stocked with essential items — before the storm hits.
From standard winter tools to extra clothing to keep warm, these are among the most important items to stash in your vehicle in case you have to trek through snowy roads to get to work or school, or make your way home safely.

New-jersey , United-states , Keitha-muccilli , Travelers-insurance-co , Delaware-river-commission , Jersey-office-of-emergency-management , Patti-sapone , New-jersey-office , Emergency-management , New-jersey-division , Highway-traffic-safety