Insurer’s Motion for Summary Judgment on COVID-19 Claim Denied, Case Set for Trial

    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).      … Read more

Insurer’s Motion to Dismiss COVID-19 Business Interruption Claim Denied

    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 issued … Read more

Insurer’s Motion to Dismiss COVID-19 Business Interruption Claim Denied

    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 issued … Read more

Insurer’s Motion to Strike Class Action Allegations in Business Interruption Action Denied

    The court denied the insurer’s motion to strike class action allegations in the insureds’ complaint seeking to establish business interruption claims under the insurer’s policy. Legacy Gymnastics, LLC v. Arch Ins. Co., 2021 U.S. Dist. LEXIS 108242 (W.D. Mo. June 9, 2021).      In its putative class action, Legacy alleged that Arch denied … Read more

Insurer Motion to Intervene in Underlying Case Denied

    The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo. LEXIS 365 (Colo. May 24, 2021). … Read more

Motion to Dismiss Beauty Salon’s COVID-19 Claim Denied

    The insured beauty salon’s claim for losses caused by shutdown orders due to COVID-19 survived the insurer’s motion to dismiss based upon a Communicable Disease endorsement. Treo Salon, Inc. v. West Bend Mut. Ins. Co., 2021 U.S. Dist. LEXIS 88577 (S.D. Ill. May 10, 2021).      The insured’s policy included an endorsement … Read more