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Helping to protect clients against excessive fee claim lawsuits

How can you build a defensible position against the surge in excessive fee litigation?

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Negligence-Duty of Care

Rush appeals the order granting summary judgment in favor of Twin City Fire Insurance Company, Batteries Plus, LLC, and Fred W. Storm, LLC dismissing her complaint alleging negligence and a violation of the safe place statute claims arising out of a slip and fall accident on a sidewalk curb.

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Glenn O. Hawbaker Lawsuit

An insurance carrier has filed a federal lawsuit against State College-based construction company Glenn O. Hawbaker in relation to coverage in the company's ong

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LouFest to pay $1 million in damages to St. Louis sound company

Logic Systems, a Valley Park-based sound and lighting company, successfully sued LouFest producer Listen Live Entertainment for defamation after the festival's leaders accused the vendor of sabotaging the event.

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Insurers' COVID-19 Notepad: What You Need to Know Now - Week of (March 7, 2022)

On March 7, 2022, the Fourth Circuit affirmed the dismissal of a creative events business’ COVID-19 business interruption claim. The court held that…

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Virus Exclusion Bars Coverage For COVID-19 Losses

Where a salon sought coverage under its business loss policy for losses suffered when it closed because of Covid orders, the insurer prevails because its virus exclusion precluded claims for business losses related to the COVID-19 pandemic. Adorn Barber& Beauty LLC argues an insurance policy issued by Twin City Fire Insurance Company covers business...

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Fire Victims Can't Intervene in PG&E's Insurance Battle – Courthouse News Service

Fire Victims Can't Intervene in PG&E's Insurance Battle – Courthouse News Service
courthousenews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from courthousenews.com Daily Mail and Mail on Sunday newspapers.

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Dentist says COVID-19 lockdowns caused physical loss in response to insurer's motion for judgment

Green
Mascoutah dentist Erik Taube argues that his lockdown loss suit against insurer Twin City Fire Insurance Company should not be dismissed because his claims survive the virus exclusion and the closures resulting from government orders caused physical losses of property.
Taube filed his response to Twin City’s motion for judgment on April 9 arguing that under the defendant’s assertion that coverage only exists if the business is physically infiltrated with the virus, he is faced with a Catch-22 in order to recover damages.
“Plaintiff would have to keep the property fully open in defiance of governmental orders and guidance to allow for an infiltration that triggers coverage, but doing so would likely constitute a failure to use reasonable means to save and preserve the property from further damage, thereby triggering the exclusion,” the response states.

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of March 15) | All Alerts & Newsletters

Mar.15.2021
Courts Dismiss COVID-19 Business Interruption Claims
On March 8, 2021, the district court for the Southern District of California granted Travelers Property Casualty Company of America’s motion to dismiss a flower importer and distributor’s COVID-19 extra expense claim. The court found that the policy’s Acts or Decisions Exclusion which “bars coverage for property damage, loss, and expense that is caused by or results from any decision, act or failure to act or decide, by…any ‘governmental body,’” unambiguously excluded coverage.
See Order at 13. Because Travelers based its denial of coverage on the applicable exclusion, the court similarly dismissed the plaintiff’s breach of implied covenant of good faith and fair dealing claim.

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