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Insurers' COVID-19 Notepad: What You Need to Know Now (Week of April 12) | All Alerts & Newsletters


Apr.12.2021
Courts Dismiss COVID-19 Business Interruption Claims
On April 9, 2021, the district court for the Central District of California granted Topa Insurance Company’s motion to dismiss a restaurant and nightclub’s COVID-19 related claim. According to the court, the policy “clearly condition[ed] recovery on physical loss or damage to the insured premises” (Order at 5), and the complaint alleged only that the coronavirus “prevented it from using its property for” its intended purpose, which is not enough to “allege direct physical loss or damage.”
Id. at 6. The court held that “even if the Policy covered permanent dispossession, which it does not, Caribe has not alleged permanent dispossession, nor could it, as COVID-19 safety orders only temporarily restricted Caribe’s use of its premises.” ....

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Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster | Pillsbury Winthrop Shaw Pittman LLP


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Responding to the Texas Winter Storm Crisis: Issue 2 Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage.
TAKEAWAYS
Property insurance policies with business interruption coverage and case law require close inspection to determine the proper method for measuring business interruption claims following wide-area impact catastrophes.
Quantifying a policyholder’s business interruption loss is a contentious issue in the wake of large scale disasters.
The methodology for calculating business interruption losses varies by jurisdiction and can depend on specific policy language. ....

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Cleaning Out My Overflowing Basket: Recent and Important Maryland Insurance Cases | Pessin Katz Law, P.A.


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I have a basket in my office that I fill with things that I should read. Sometimes I print an article about an interesting book or person and put it in the basket. Sometimes I place an outline from a Zoom program that I half-listened to while I was working on other tasks in the basket. New laws and ideas for this column are routinely placed in the basket.
At times, my basket starts to overflow. When that happens, I know that it needs to be cleaned out. In the deep darkness of winter, I find it is more difficult for me to do this simple housecleaning exercise unless I have a purpose. What motivated me to do my basket cleaning was this month’s column. I feel that I need to educate insurance professionals particularly about how new cases impact risks and coverages. With that in mind, here are a few relatively recent cases that I have been keeping in my basket. ....

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