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Disney Sued by Insurance Company Over COVID-Related Costs


Disney Sued by Insurance Company Over COVID-Related Costs
The two sides disagree over whether certain claims are covered by insurance
Daniel Goldblatt | July 1, 2021 @ 7:53 PM
Getty
The Walt Disney Company is being sued by its insurer, who says it should not have to pay out certain claims related to the COVID-19 pandemic.
In the lawsuit, Fireman’s Fund Insurance says it does not dispute the claims related to the early months of the pandemic, known as “first wave claims,” are covered under “Civil Authority Coverage. But the two sides cannot agree on what Fireman’s calls “second wave claims” and “holiday hiatus” claims. ....

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N.D. Ohio Split on COVID-19 Business Interruption Insurance Coverage


Tuesday, January 26, 2021
Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the same facts and policy provisions, one court found for the insurer, holding no coverage to exist. The other found for the policyholder, awarding coverage. The opposite results will no doubt lead to further upcoming appellate activity in Ohio. The reasoning in these cases may also lead to further clarifications in Ohio about the rules for interpreting insurance policies.
A.
1:20-CV-01192
In 
Santo’s case, Judge Pamela Barker dismissed the policyholder’s claims for business interruption coverage on two main grounds. First, the court found: (a) Santo’s failed to plead a threshold claim of “direct physical loss of or damage to” its insured premises, given the absence of any all ....

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COVID-19 Business Interruption Suits: An Overview Of Decisions To Date | Goodwin


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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S., most states and municipalities have at various points throughout the pandemic issued “shut down” orders to businesses in order to mitigate the spread of the virus. Businesses complied and suffered tremendous losses as a result. As we forecasted, many businesses subsequently filed claims with their commercial liability insurers, typically claiming that their losses are covered under the “business interruption” or the “civil authority” provisions of their policies. Those provisions are generally intended to provide coverage as follows: ....

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