Posts tagged Damage.
4 Minute Read
Insurer’s Failure to Produce Plainly Relevant Documents Draws Sanctions
By Christopher J. Cunio, Michael S. Levine, Nicholas D. Stellakis and Shauna R. Twohig
Sanctions are an extreme remedy; frequently sought, but seldom granted. Such was the case in Hunton Andrews Kurth LLP’s action on behalf of hotel and casino, Treasure Island, LLC (“Treasure Island”), against Affiliated FM Insurance Company (“AFM”) in federal court in Nevada, where AFM “hid” documents which refute the insurer’s defense on the central disputed issue in Treasure Island’s case—and many more actions seeking insurance coverage for losses arising from the COVID-19 pandemic. A copy of the sanctions order can be found here.
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4 Minute Read
Ninth Circuit Decisions Reject Coverage for COVID Orders, Leaving Door Open for Cases Presenting Damage Claims
By Scott P. DeVries and Yosef Itkin
Court dockets, both in the state and federal court systems, have seen a massive influx of COVID-19 business interruption insurance cases since the pandemic began in March of 2020. More recently, cases have been moving more expeditiously through the federal courts, and the circuit courts are starting to issue decisions. Most recently, the Ninth Circuit has spoken and its decisions provide important guidance for policyholders with pending COVID-19 coverage cases in California federal courts.
3 Minute Read
New Hampshire Court Finds Hoteliers Sustained Covered COVID-19 BI Loss
By Michael S. Levine
On Tuesday, a New Hampshire trial court awarded summary judgment to the owner of scores of hotels after finding that the hotels sustained covered “physical loss of or damage to” insured property caused by the pandemic presence of COVID-19 and its viral agent, SARS-CoV-2.The merits ruling is yet another recent victory for policyholders who continue to make headway against an early wave of insurance company dismissals, most of which, unlike the ruling on Tuesday, never considered evidence in support of their decisions.
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2 Minute Read
MDL Panel Denies Consolidation for COVID-19 Insurance Cases for All Insurers (with One Exception)
By Scott P. DeVries and Rachel E. Hudgins
As we reported in a prior blog, on August 14, the Judicial Panel on Multidistrict Litigation rejected plaintiffs’ request for a consolidation of all COVID-19 insurance coverage federal litigation, agreeing to consider mini-MDLs as respects five specific insurers, which accounted for roughly one-third of the federal cases. On October 2, the Panel rejected the concept of mini-MDLs as respects four of these five insurers and accepted an MDL for the fifth insurer.
At the outset, the Panel agreed with plaintiffs that each of the proposed mini-MDLs presented common legal and factual...
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3 Minute Read
MDL Panel Considers Mini-MDLs For COVID-19 Insurance Cases
By Scott P. DeVries, Michael S. Levine and Patrick M. McDermott
Earlier this year, lawyers for plaintiffs applied to the MDL Panel for consolidation of all COVID-19 business interruption cases in federal courts throughout the country. On August 12, the Panel rejected plaintiffs’ requests for a single consolidation but requested briefing on the possibility of mini-MDLS as respects five of the insurers that accounted for approximately one third of these cases: Lloyds (26 actions), Cincinnati (70 actions), Hartford (130 actions), Society Insurance (24 actions) and Travelers (45 actions). On Thursday, September 24, the Panel held a nearly three-hour hearing.
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5 Minute Read
Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”
By Walter J. Andrews and Michael S. Levine
On August 18, 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a District Court’s 2018 ruling that Sparta Insurance Company need not cover a south Florida restaurant’s lost income and extra expenses resulting from nearby road construction. But, in doing so, the appeals court appears to deviate from even its own understanding of “direct physical loss” under controlling Florida law.
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2 Minute Read
MDL Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Coverage Cases
By Scott P. DeVries and Matthew J. Revis
We previously reported on the July 30 argument before the MDL Panel regarding plaintiffs’ motion to consolidate more than 275 COVID-19 Business Interruption cases.
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3 Minute Read
MDL Panel Considers Consolidation of COVID-19 Business Interruption Claims
By Scott P. DeVries and Matthew J. Revis
On July 30, the Judicial Panel on Multidistrict Litigation held a Zoom hearing on a motion filed by plaintiffs’ lawyers to consolidate hundreds of business interruption claims filed across the country. The Panel permitted a number of plaintiffs’ counsel and two insurers’ counsel to each argue for 3 uninterrupted minutes and then respond to questions.
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