NEWS & ANALYSIS


Nev. Restaurant Co.'s COVID Suit Is Kept Alive

By Jennifer Mandato

A group of insurers can't avoid a restaurant holding company's bid for coverage of COVID-19-related losses, a Nevada state court ruled, finding that the state supreme court's ruling on the subject didn't control the action because of an infectious disease endorsement in the company's policies.

Only $100K Owed For NJ Theater's Virus Losses, Judge Says

By Ganesh Setty

A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.

Geico Beats COVID-19 Auto Rebate Class Action On 2nd Try

By Henrik Nilsson

A California federal judge has granted Geico's bid for victory in a certified class action alleging the insurance company owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 shutdowns, saying the company's rebate program was adequate and did not violate the state's insurance code.

Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

By Jennifer Mandato

A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

Metallica's Bid For COVID-19 Coverage Fades To Black

By Gina Kim

California appellate justices on Monday upheld Certain Underwriters at Lloyd's of London's summary judgment win against heavy metal band Metallica's breach suit seeking coverage for shows canceled during the COVID-19 pandemic, siding with the lower court's order finding the policy's communicable disease exclusion precluded coverage as a matter of law.

8th Circ. Won't Rethink Mo. City's COVID-19 Coverage Loss

By Jennifer Mandato

The Eighth Circuit shot down a Missouri city's request to reconsider a panel ruling denying its request for coverage of sales tax revenue losses stemming from pandemic-related shutdowns, rejecting the city's argument that the panel misinterpreted policy terms and skewed its review in favor of the insurer.

9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

By Elizabeth Daley

A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

Seattle Convention Center's Virus Losses Not Covered

By Jennifer Mandato

A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

By Jennifer Mandato

A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

By Elizabeth Daley

A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

Contractor Owes $13M To Cover Virus Defaults, Insurer Says

By Riley Murdock

A Michigan-based insurer asked a Florida federal court Wednesday to grant a default final judgment in its indemnification suit against a contractor, seeking to force the company to cough up nearly $13 million to reimburse payments against its surety bonds and protect the insurer from future claims.

8th Circ. Affirms Insurer Win In Mo. COVID-19 Coverage Row

By Emily Enfinger

The Eighth Circuit affirmed an insurer's win against a Missouri city that sought coverage for sales tax revenue losses resulting from pandemic-related shutdowns, saying Monday that the city's interpretation of a policy endorsement is not reasonable.

NJ Justices Keep Up Trend Of Virus Suit Wins For Insurers

By Eli Flesch

In turning back an Atlantic City casino's $50 million bid for pandemic loss coverage, New Jersey's top court kept in line with the vast majority of courts deciding such suits, while shutting the door to Garden State policyholders seeking virus coverage, experts say.

Geico's Bid For Early Win In COVID Rebate Class Suit Denied

By Candace Pedraza

A California federal judge rejected Geico's bid for victory in a class action that claims the car insurance company owes additional refunds to policyholders after they overpaid their premiums during COVID-19 shutdowns.

NY High Court Mulls Meaning Of Loss In Virus Coverage Suit

By Eli Flesch

New York's highest court considered Wednesday what kinds of circumstances might constitute physical loss or damage that triggers insurance coverage as the judges weighed whether a restaurant operator's suit for pandemic coverage was prematurely dismissed.

Policy Rider Saves Hospital's Pandemic Claim, 1st Circ. Rules

By Julie Manganis

The First Circuit on Wednesday partially reinstated a Massachusetts hospital's COVID-19-related claim against insurer Continental Casualty, citing a policy rider that specifically covered the costs of complying with state decontamination requirements.

PF Chang's COVID Coverage Capped At $1M, Calif. Panel Says

By Hope Patti

P.F. Chang's is entitled to only $1 million in coverage for its COVID-19 losses, a California state appeals court ruled, finding its policy's pandemic event endorsement clearly limits coverage for all restaurant locations to a total of $1 million.

8th Circ. Nixes Minn. Concert Venue's COVID-19 Coverage Bid

By Jennifer Mandato

An Eighth Circuit panel affirmed the dismissal of a Minneapolis entertainment venue's lawsuit for pandemic-related losses, upholding on Monday a lower court's ruling in favor of the venue's insurer.

Tory Burch Stores Not Damaged By COVID, NJ Panel Says

By Candace Pedraza

A New Jersey appeals court dealt another blow Wednesday to Tory Burch LLC's pandemic coverage bid, agreeing with a lower court's ruling that the fashion retailer cannot argue that loss of revenue due to pandemic shutdowns counts as property damage or loss.

NJ Theater Says Policy's $1.9M Limit Applies To Virus Losses

By Hope Patti

An iconic New Jersey theater urged a federal court to rule that it can recover $1.9 million to offset its $3.7 million pandemic-related losses, arguing that the blanket limit of insurance in its Zurich policy replaces a lower per-occurrence limit for communicable disease coverage.