Portion of COVID-19 Claim Survives Motion to Dismiss

    While the insured failed to demonstrate direct physical loss, Crisis Event coverage was still possible. SJP Investment Partners LLC v. Cincinnati Insurance Company, 2021 U.S. Dist. LEXIS 162612 (N.D. Ala. Aug. 27, 2021).     The insured owned a hotel in Birmingham. The state’s public health orders limited operations and caused temporarily closures … Read more

Insureds Survive Motion to Dismiss Civil Authority Claim

    After suffering business losses due to a hurricane, the insured’s Civil Authority claim survived the insurer’s motion to dismiss. Pathology Lab. v. Mt. Hawley Ins. Co., 2021 U.S. Dist. LEXIS 145129 (W.D. La. Aug. 3, 2021).      Hurricane Laura devastated Lake Charles, Louisiana causing severe damage to the insured property as well … Read more

Claims that COVID-19 Present on Property Survive Motion to Dismiss

    Plaintiffs successfully argued against a motion to dismiss by alleging COVID-19 was present on their premises and required repairs and alterations to their properties. Legacy Sports Barbershop LLC v. Cont’l Cas. Co., 2021 U.S. Dist. LEXIS 102545 (N. D. Ill. June 1, 2021).      Plaintiffs operated a barbershop, barbering school and hair … Read more