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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 24) | All Alerts & Newsletters


May.24.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 13, 2021, the district court for the Northern District of Georgia granted American Family Insurance Company’s and Midvale Indemnity Company’s motion to dismiss a COVID-19 business interruption claim filed by the operators of two barbeque restaurants. The court concluded that the plain meaning of the phrase “direct physical loss” requires that there be “actual, physical damage to the covered premises” and the plaintiffs failed to allege any change to the physical condition of property due to COVID-19 closure orders. Order at 11. The court further found that the policy’s unambiguous virus exclusion bars coverage because the plaintiffs “claim no losses that were not caused, at least indirectly, by the virus.” ....

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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of May 17) | All Alerts & Newsletters


May.18.2021
Courts Dismiss COVID-19 Business Interruption Claims
On May 7, 2021, the district court for the Northern District of Illinois granted Westfield National Insurance Company’s motion to dismiss a Chicago bakery and a salon’s complaint alleging coronavirus-related business interruption losses. Determining the virus exclusion unambiguously bars coverage for loss indirectly caused by the coronavirus, the court found meritless the plaintiffs’ argument that the government closure orders, rather than the virus, caused their losses. Order at 7-8. Including the virus exclusion within the policy “undercuts” any argument “that Westfield unjustifiably denied” their claims.
Id. at 10.
On May 10, 2021, the Circuit Court of Cook County, Illinois granted with prejudice Motorists Commercial Mutual Insurance Company’s motion to dismiss a COVID-19 business interruption claim filed by the operator of automobile dealerships and repair shops. The court found t ....

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Cyprus Mines, insurers clash over who will represent future talc claimants


Maria Chutchian
4 minute read
A plaque is displayed at the entrance of the U.S. District Bankruptcy Court for the Southern District of New York in Manhattan, New York, U.S., January 9, 2020. REUTERS/Brendan McDermid
Insurers who could be left footing the bill for personal injury litigation against former talc miner Cyprus Mines Corporation are challenging the company s proposed candidate to represent future tort claimants.
Cyprus is asking U.S. Bankruptcy Judge Laurie Selber Silverstein in Delaware to approve Roger Frankel as the future claims representative (FCR) in its Chapter 11 case. A status conference on the matter is scheduled for Monday. ....

United States , Omelveny Myers , Jason Angelo , Paul Singer , Luke Sizemore , Roger Frankel , Randall Newsome , Laurie Selber Silverstein , Stamatios Stamoulis , James Patton , Kurt Gwynne , Peggy Ableman , Reed Smith , Young Conaway Stargatt Taylor , Janine Panchok Berry , Stamoulis Weinblatt , Thomson Reuters Trust Principles , Berkshire Hathaway Specialty Insurance Company , Cyprus Mines Corporation , Us Bankruptcy Court , Continental Casualty Company , Us Department Of Justice , Judge Laurie Selber Silverstein , Imerys Talc America , Judge Peggy Ableman , Judge Randall Newsome ,