How Many Workers Comp Claims Happen Per Year? Plus Over 27 Workers Compensation Statistics For 2022!

Workers’ compensation insurance is accident coverage paid by employers. If you are injured or sickened on the job, you may receive benefits to cover medical bills or rehabilitation costs. Workers’ compensation also covers partial lost wages if you miss work. Some policies also provide death benefits if you’re killed on the job. Workers’ compensation insurance only … Read more

Insurer Has Duty to Defend Sexual Abuse of Minor Claims

    The court granted summary judgment to the school district, finding the insured was entitled to a defense against sexual abuse claims alleged against its employee. West Bend Mut. Ins. Co. v. Cmty. Unit Sch. Dist. 300, 2021 Ill. App LEXIS 622 (Ill. App. Ct. Nov. 12, 2021).     The School District rented space to the Bays … Read more

Insurer’s Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails

    The insurer was unsuccessful in seeking to dismiss business interruption claims due to COVID-19 under a pollution policy. New York Botanical Garden v. Allied World Assur., 2021 N.Y. Misc. LEXIS 6012 (N.Y. Sup. Ct. Oct.15, 2021).     The insured was forced to cease operation after executive orders by the governor and mayor … Read more

Denial of Bad Faith Claims Reversed and Remanded

    The Kentucky Supreme Court reversed the court of appeals’ affirmance of the trial court’s denial of bad faith claims. Nichols v. Zurich Am. Ins. Co., 630 S.W. 3d 683 (Ky. 2021).     Miller Pipeline Corporation had a commercial fleet policy with Zurich. The policy provided UIM coverage of $1,000,000.      Miller’s … Read more

Missouri Federal District Court Denies, In Part, Insurer’s Motion for Summary Judgment on COVID-19 Claims

    The federal district court denied the insurer’s motion for summary judgment to dismiss the restaurant’s business interruption claim because expert testimony created a factual issue on whether COVID virus particles had actually contaminated the insured’s property. K.C. Hopps v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 179633 (W.D. Mo. Sept. 21, 2021).   … Read more

Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

    The Eleventh Circuit affirmed the district court’s grant of summary judgment to the insurer on the general contractor’s claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th Cir. Sept .10, 2021).      Tricon was the general contractor for a condominium project … Read more

Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit

    The insured’s claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire & Cas. Co., 2021 U.S. Dist. LEXIS 135043 (S.D. N. Y. July 20, 2021).     The insured rented a apartment. He was insured under a … Read more

No Interlocutory Appeal of Denial of Motion to Dismiss Business Interruption Claims

    After denying Society Insurance’s motions to dismiss business interruption claims, the court rejected Society’s motion to certify the order for an interlocutory appeal under 28 U.S.C. Sec. 1292 (b). In re Soc’y Ins. Co. COVID-19 Bus. Interruption Protection Insurance Litigation, 2021 U.S. Dist. LEXIS 111217 (N.D. Ill. June 15, 2021).     Plaintiffs … Read more

Summary Judgment Granted to Hotel Chain in COVID-19 Claims

        A New Hampshire Superior Court granted a hotel chain summary judgment on its suit for coverage due to losses caused by COVID-19. Schleicher & Stebbins Hotels, LLC v. Starr Surplus Lines Ins. Cos., No. 217-2020-00309 (N.H. Super. Ct. June 15, 2021).      Government orders were issued restricting the operation of … 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