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

Civil Authority Claim Survives Motion to Dismiss

    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 in … Read more

Insured’s Claim for Hurricane Damage Survives Summary Judgment

    The insurer’s motion for summary judgment seeking a determination that the insured’s alleged hurricane damage was due to pre-existing loss was rejected by the court. Exhibit Network Int’l v. Union Ins. Co., 2021 U.S. Dist. LEXIS 114267 (S.D. Texas May 25, 2021).      The insured alleged that wind and rain from Hurricane … Read more

COVID-19 Claim Survives Insurer’s Motion for Judgment on the Pleadings

    The Federal District Court for the Easter District of Texas rejected the insurer’s motion for judgment on the pleadings on the insured’s claim for losses due to the coronavirus. Cinemark Holdings, Inc. v. Factory Mut. Ins. Co., 2021 U.S. Dist. LEXIS 90124 (E.D. Tex. May 5, 2021).      Cinemark operated the nation’s … Read more

Restaurant’s COVID-19 Claim Survives Motion to Dismiss

    The insurer’s argument that the insured restaurants’ claim for business interruption due to COVID-19 should be dismissed because there was no physical damage to the structure was rejected by the federal district court in Alabama. Serendipitous, LLC v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 86998 (N.D. Ala. May 6, 2021).     … Read more

Claim for Business Interruption Based on Government Orders Precluding Use of Property Survives Motion to Dismiss

    The court found that the insured hair salon and barbershop plausibly alleged an entitlement to coverage for lost business income when the government orders restricted use of the property as intended. Seifert v. IMT Ins. Co., 2021 U.S. Dist. LEXIS 103420 (D. Minn. June 2, 2021).      Plaintiff’s business was ordered to … Read more