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.
COVID-19 Claim Survives Motion for Judgment on the Pleadings
By Tred R. Eyerly on
In a well reasoned decision, the Superior Court in California denied the insurer's motion for judgment on the pleadings on a business interruption claim arising from COVID-19. Boardwalk Ventures CA, LLC v. Century-National Ins. Co., et al., 2021 Cal Super. LEXIS 35 (Cal. Super. Ct. March 18, 2021). The decision is here…
Illinois Federal District Court Finds Duty to Defend COVID-19 Claim
By Tred R. Eyerly on
The federal district court found that the insurer had a duty to defend the underlying suit based on damages allegedly arising from exposure to COVID-19. McDonald's Corp. v. Austin Mutual Ins. Co., No. 20 C 5057, Order (N.D. Ill. Feb.22, 2021). The decision is here.
McDonalds was sued for…