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

California Court of Appeal Shoots Down COVID-19 Business Interruption Claim

    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 in the … 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

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

Court Denies Motion to Dismiss Retailer’s COVID-19, Business Interruption Claim

    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. Plaintiff … 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

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