After the lower court granted summary judgment to Omni Hotels and Resorts’ claim for coverage due to COVID-19 losses, the Texas Court of Appeals reversed, in part, based upon language in some of the insurers’ policies. TRT Holdngs, Inc. v. Ace Am. Ins. Co., 2025 Tex. App. LEXIS 7407 (Texas Ct. App. Sept. 18
Court Determines Several Occurrences for COVID-19 Coverage Under Endorsement
The Minnesota Court of Appeals found losses from government orders issued during the COVID-19 pandemic were covered by an endorsement which also provided for several occurrences suffered by the insured. Life Time, Inc. v. Zurich Am. Ins. Co., 2025 Minn. App. LEXIS 269 (Minn. Ct. App. Aug. 11, 2025).
Life Time, Inc. operated health
Portion of COVID-19 Claim Resurrected on Appeal
The Colorado Court of Appeal reversed, in part, the trial court's dismissal of the insured's COVID-19 claim. Spectrum Retirement Communities, LLC, et al v. Continental Casualty Company, 2025 Colo. App. LEXIS 876 (Colo. Ct. App. June 18, 2025).
Spectrum owned and operated forty-three senior living and memory care communities in
Insured’s COVID-19 Claim Survives Motion for Judgment on the Pleadings Based on Loss of Attraction Endorsement
Faced with a motion for judgment on the pleadings filed by several of its insurers, the insured was successful in arguing that the Loss of Attraction endorsement in one insurer's policy allowed the insured to pursue losses suffered by its businesses due to COVID-19. BBX Capital Corp. v. Scottsdale Ins. Co., et
Bucking the Trend, North Carolina Supreme Court Finds Insureds State Claim for COVID-19 Losses
Departing from the multitude of decisions that have determined there is no coverage for losses due to the COVID-19 pandemic, the North Carolina Supreme Court found that various bars and restaurants that were closed during the pandemic under government orders stated a claim for coverage when suing their insurers. North State Deli, LLC,
Class Claims That Excessive Premiums Paid During Pandemic Partially Survives Motion to Dismiss
Portions of a class action filed against United Services Auto Association and three of its subsidiaries for charging excess premiums during the COVID-19 pandemic survived the insurers' motion to dismiss. 2024 U.S. Dist. LEXIS 202472 (C.D. Cal. Nov. 5, 2024).
Plaintiffs alleged that a decrease in driving and automobile accidents during
COVID-19 Claim Survives Insurers’ Motion to Dismiss
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
Tribal Court Has Subject Matter Jurisdiction over Insurers
The Ninth Circuit affirmed the panel's decision not to rehear en banc a case which affirmed the district court's summary judgment in favor of a tribe and against several insurance companies and underwriters. Lexington Ins. Co., et al. v Smith, et al., 2024 U.S. App. LEXIS 23429 (9th Cir Sept. 16, 2024).
California Supreme Court Finds Virus Endorsement Does Not Cover COVID-19 Claim
Reversing the Court of Appeal, the California Supreme Court determined a virus endorsement did not salvage coverage for business loss due to COVID-19. John's Grill v. Hartford Fin. Serv. Group, Inc., 2024 Cal. LEXIS 4241 (Cal. Aug. 8, 2024).
John's Grill was heavily impacted by the COVID-19 pandemic and
COVID-19 Case Survives Insurers’ Motion for Partial Summary Judgment Based Upon Endorsement for Infectious Disease
The Nevada trial court distinguished a prior decision from the Nevada Supreme Court and denied the insurers' Motion for Partial Summary Judgment on a COVID-19 claim. Bloomin' Brands, Inc. v. Ace Am. Ins. Co., et al., No. A-21-830204-B (Nev. Dist. Ct., June 21, 2024) (order denying motion for partial summary judgment). The