A commentary on insurance coverage issues in Hawaii and beyond
To await a decision from the Washington Supreme Court, the federal district court stayed the COVID-19 coverage action pending before it. Reckless Enter. v. First Mercury Ins. Co., 2022 U.S. Dist. LEXIS 120832 (W.D. Wash. July 8, 2022).
Plaintiff owned and operated a restaurant that lost income during the height…
The California Court of Appeal reversed the trial court's granting of the insurer's demurrer and found the insured adequately pled a claim of direct physical loss or damage due to the presence of COVID-19. Mariana Pacific Hotel & Suites, LLC v. Fireman's Fund Ins. Co., 2022 Cal. App. LEXIS 608 (Cal. Ct.
The court determined there was coverage for business interruption due to COVID-19 under an Environmental policy. Sunstone Hotel Investors, Inc. v. Endurance American Spec. Ins. Co., 2022 U.S. Dist. LEXIS 11147 (C.D. Cal. June 15, 2022).
Sunstone was a real estate investment trust that had an interest in 20 hotel…
In an unusual move for a federal district court handling COVID-19 claims, a certified question was submitted to the Maryland Court of Appeals for an interpretation of state law. Tapestry, Inc. v. Factor Mut. Ins. Co., 2022 U.S. Dist. LEXIS 75665 (D. Md. April 25, 2022).
Tapestry owned three luxury…
The Louisiana Court of Appeals reversed the lower court's decision, finding there was business interruption coverage for losses due to government shutdown orders related to the COVID-19 pandemic. Cajun Conti LLC v. Certain Underwriters at Lloyd's, 2022 La. App. LEXIS 939 (La. Ct. App. June 15, 2022).
The insured owned…
The Appellate Division of the New York Supreme Court affirmed the lower court's denial of a motion to dismiss the insured's business interruption claim arising from COVID-19 closures. New York Botanical Garden v. Allied Work Assur. Co. (U.S.), 2022 N.Y. App. Div. LEXIS 3792 (N.Y. App. Div. June 14, 2022). Our post…
While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center and other properties due to COVID-19, a portion of their claims survived. L.A. Lakers v. Fed Ins. Co., 2022 U.S. Dist. LEXIS 31503 (C.D. Calif. March 17, 2022).…
The insured's suit for business interruption survived a motion for partial judgment on the pleadings due to the policy's coverage for contamination. Live Nation Entertainment, Inc. v. Factory Mutual Ins. Co., No. LA CV 21-00862, Order (Feb. 3, 2022, C.D. Calif.). The minute order is here.
Live Nation alleged…
With the exception of one insurer with a virus exclusion, the court denied a motion to dismiss filed by various insurers business interruption claims related to COVID-19. AC Ocean Walk, LLC v. Am. Guar. and Liab. Ins. Co., No. ATL-L0703-21, Order (N.J. Super. Ct. Dec. 22, 2021)
AC Ocean Walk, LLC…
After issuing the insureds' summary judgment motion that COVID-19 invasion of the insureds' property constituted "direct physical loss or damage to property," the New Hampshire Superior Court granted the insurers' motion for an interlocutory appeal. Schleicher & Stebbins Hotels, LLC, et al. v. Starr Surplus Lines Ins Co, et al., No. 217-2020-CV-000309…
