Similar Complaints Against a Single Individual is a “Single Claim” The Illinois Appellate Court for the Fifth District, in an opinion written by Justice Barberis with Justices Moore and Vaughan concurring, applying Illinois law, reversed the judgment of the circuit court denying the insurer’s motion to dismiss, holding instead that an insurer has no duty to defend and indemnify the... Read More
Workers’ Compensation Coverage Not Preempted by Federal Drug Laws The Supreme Court of New Hampshire, applying New Hampshire law, reversed and remanded a determination by the New Hampshire Compensation Appeals Board that an insurer cannot be ordered to reimburse an employee for his purchase of medical marijuana because such reimbursement would constitute aiding and abetting his commission of a federal... Read More
Initial Disclosure of Umbrella Not Required The Illinois Appellate Court for the First District, in an opinion written by Justice Lampkin with Justices Reyes and Martin concurring, applying Illinois law, affirmed the judgment of the circuit court holding that insurers were not required to disclose the existence of an umbrella insurance policy in response to a demand under section 143.24b... Read More
Loss of Intended Use Due to COVID-19 Not “Direct Physical Loss” The United States District Court for the Northern District of Illinois, in an opinion written by Judge Ellis, applying Illinois law, granted Continental Insurance Company’s (“Continental”) motion to dismiss Park Place Hospitality, LLC d/b/a Hilton Garden Inn Milwaukee Northwest Conference Center’s (“Park Place”) claims for breach of contract... Read More
Allegation of a “Wrongful Act” Triggers Coverage The United States Court of Appeals for the Seventh Circuit, in an opinion written by Judge Kanne, applying Indiana law, affirmed the decision of the District Court that The Medical Protective Company of Fort Wayne (“MedPro”) was covered under a $5 million Insurance Company’s Professional Liability Insurance policy with American International Specialty... Read More
Motion to Dismiss Superspreader Case Due to SIR Denied The United States District Court for the Central District of California, applying California law, denied an insurer’s motion to dismiss a coverage action related to the insurer’s failure to provide business interruption coverage under a “Site Environmental Impairment Liability Coverage” policy (the “Policy”). The court found that “covered under the Policy”... Read More
Covered Except if Pollution Exclusion Includes Virus Plaintiffs own and operate 23 hotels in N.H., Massachusetts, and N.J. Plaintiffs purchased $600 million of insurance coverage from defendant insurers, whose policies are identical with the exception of certain addenda. The policies generally extend coverage for direct physical loss or damage to all real and personal property owed or used by plaintiffs. ... Read More
No Summary Judgment on Civil Authority Provision In The Court of Common Pleas of Allegheny County, Pennsylvania, applying Pennsylvania law, granted, in part, an insured’s motion for summary judgment finding that it was entitled to insurance coverage for losses it sustained because of COVID-19 under its policy’s business income protection provision. However, the court found that issues of fact... Read More
BI Claim Fails to State a Claim Due to No Physical Loss or Damage In the first federal appellate court decision on a COVID business interruption claim, the United States Court of Appeals for the Eighth Circuit, applying Iowa law, affirmed the dismissal of the breach of contract and bad faith claim for failure to state a claim. Oral... Read More
Communicable Disease Exclusion Bars Coverage Under Event Cancellation Policy The United States District Court for the Northern District of Illinois, in an opinion by Judge Gettleman, applying New York law, granted Those Certain Underwriters at Lloyd’s of London, Severally Subscribing to Policy No. RSC-1224 and known as Argo Managing Agency Limited and Markel Syndicate Management Limited’s (“Lloyd’s”) motion to dismiss... Read More
