The Ninth Circuit asked the California Supreme Court to address whether the policy's virus exclusion was enforceable to preclude coverage for business income losses due to the present of COVID-19 at the insured's properties. French Laundry Partners LP v. Hartford Fire Ins. Co., 2023 U.S. App. LEXIS 2845 (9th Cir. Feb. 6
virus exclusion
California Court of Appeals Reverses Denial of COVID-19 Claim Based on Virus-Specific Endorsement
By Tred R. Eyerly on
The California Court of Appeal reversed the trial court's grant of the insurer's demurrer on a COVID-19 claim and remanded the case for further proceedings. John's Grill v. Hartford Fin. Servs. Group, 2022 Cal. App. LEXIS 1056 (Cal. Ct. App. Dec. 27, 2022).
John's Grill had two insurers, Hartford and…
Don’t Give Up Yet – Another COVID-19 Victory for Policyholders
By Tred R. Eyerly on
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…
Insured Survives COVID-19 Motion for Judgment on the Pleadings
By Tred R. Eyerly on
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…
Insurers’ Motion to Dismiss COVID-19 Business Interruption Claims Denied
By Tred R. Eyerly on
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…
Insurer’s Motion for Summary Judgment on COVID-19 Claim Denied, Case Set for Trial
By Tred R. Eyerly on
The Ohio Court of Common Pleas granted the insured's motion for summary judgment, denied the insurer's motion for summary judgment and and set the COVID-19, business interruption case for trial on damages. McKinley Dev. Leasing Co. v. Westfield Ins. Co., 2021 Ohio Misc. LEXIS 885 (Ohio Ct. Pleas Nov. 14, 2021).
…
California Court of Appeal Shoots Down COVID-19 Business Interruption Claim
By Tred R. Eyerly on
The California Court of Appeal affirmed the trial court's dismissal of the insured's business interruption claim based upon COVID-19 government shutdown orders. The Inns by the Sea v. California Mut. Ins. Co., 2021 Cal. App. LEXIS 956 (Calif. Ct. App. Nov. 15, 2021). The Inns is the first state appellate court decision…
Insurer’s Motion to Dismiss COVID-19 Business Interruption Claim Denied
By Tred R. Eyerly on
Determining that government shutdown orders during the pandemic were a physical cause of loss and finding the virus exclusion ambiguous, the court denied the insurer's motion to dismiss. Risinger Holdings v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 192474 (D. E.D. Texas Sept. 30, 2021).
Risinger owed several orthodontic practices. It held a policy…
Civil Authority Claim Survives Motion to Dismiss
By Tred R. Eyerly on
The Rhode Island Superior Court denied the insurer's motion to dismiss a claim under Civil Authority coverage related to closures of business due to COVID-19. Atwells Realty Corp. v. Scottsdale Ins. Co., 2021 R.I. Super. LEXIS 40 (R.I. Super. Ct. June 4, 2021).
Atwells operated a nightclub. Executive Orders issued…
Court Denies Motion to Dismiss Retailer’s COVID-19, Business Interruption Claim
By Tred R. Eyerly on
The insured furniture retailer survived a motion to dismiss its business interruption claim after government orders caused disruption of the insured's operations due to COVID-19. Susan Spath Hegedus v. Ace Fire Underwriters Ins. Co., 2021 U.S. Dist. LEXIS 88041 (E.D. Pa. May 7, 2021).
Plaintiff operated two locations in California.