NEWS & ANALYSIS


9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

By Elizabeth Daley

A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

Seattle Convention Center's Virus Losses Not Covered

By Jennifer Mandato

A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

By Jennifer Mandato

A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

By Elizabeth Daley

A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

Contractor Owes $13M To Cover Virus Defaults, Insurer Says

By Riley Murdock

A Michigan-based insurer asked a Florida federal court Wednesday to grant a default final judgment in its indemnification suit against a contractor, seeking to force the company to cough up nearly $13 million to reimburse payments against its surety bonds and protect the insurer from future claims.

8th Circ. Affirms Insurer Win In Mo. COVID-19 Coverage Row

By Emily Enfinger

The Eighth Circuit affirmed an insurer's win against a Missouri city that sought coverage for sales tax revenue losses resulting from pandemic-related shutdowns, saying Monday that the city's interpretation of a policy endorsement is not reasonable.

NJ Justices Keep Up Trend Of Virus Suit Wins For Insurers

By Eli Flesch

In turning back an Atlantic City casino's $50 million bid for pandemic loss coverage, New Jersey's top court kept in line with the vast majority of courts deciding such suits, while shutting the door to Garden State policyholders seeking virus coverage, experts say.

Geico's Bid For Early Win In COVID Rebate Class Suit Denied

By Candace Pedraza

A California federal judge rejected Geico's bid for victory in a class action that claims the car insurance company owes additional refunds to policyholders after they overpaid their premiums during COVID-19 shutdowns.

NY High Court Mulls Meaning Of Loss In Virus Coverage Suit

By Eli Flesch

New York's highest court considered Wednesday what kinds of circumstances might constitute physical loss or damage that triggers insurance coverage as the judges weighed whether a restaurant operator's suit for pandemic coverage was prematurely dismissed.

Policy Rider Saves Hospital's Pandemic Claim, 1st Circ. Rules

By Julie Manganis

The First Circuit on Wednesday partially reinstated a Massachusetts hospital's COVID-19-related claim against insurer Continental Casualty, citing a policy rider that specifically covered the costs of complying with state decontamination requirements.

PF Chang's COVID Coverage Capped At $1M, Calif. Panel Says

By Hope Patti

P.F. Chang's is entitled to only $1 million in coverage for its COVID-19 losses, a California state appeals court ruled, finding its policy's pandemic event endorsement clearly limits coverage for all restaurant locations to a total of $1 million.

8th Circ. Nixes Minn. Concert Venue's COVID-19 Coverage Bid

By Jennifer Mandato

An Eighth Circuit panel affirmed the dismissal of a Minneapolis entertainment venue's lawsuit for pandemic-related losses, upholding on Monday a lower court's ruling in favor of the venue's insurer.

Tory Burch Stores Not Damaged By COVID, NJ Panel Says

By Candace Pedraza

A New Jersey appeals court dealt another blow Wednesday to Tory Burch LLC's pandemic coverage bid, agreeing with a lower court's ruling that the fashion retailer cannot argue that loss of revenue due to pandemic shutdowns counts as property damage or loss.

NJ Theater Says Policy's $1.9M Limit Applies To Virus Losses

By Hope Patti

An iconic New Jersey theater urged a federal court to rule that it can recover $1.9 million to offset its $3.7 million pandemic-related losses, arguing that the blanket limit of insurance in its Zurich policy replaces a lower per-occurrence limit for communicable disease coverage.

Luxury Resort Co. Not Owed Virus Coverage, NY Justice Says

By Jennifer Mandato

A New York Supreme Court justice agreed to toss a luxury resort company's counterclaims seeking coverage from a Swiss Re unit for COVID-19-related losses, upholding state case law in finding that the company was unable to prove there was direct physical loss or damage to its properties.

Missouri Dental Offices, Insurer Drop COVID-19 Coverage Suit

By Ken Downey Jr.

Four dental offices seeking coverage from an insurer for COVID-related business disruptions have dropped a class action in Missouri federal court.

Calif. Jewelers Can't Avoid Virus Exclusion, 9th Circ. Says

By Ben Zigterman

The Ninth Circuit affirmed the dismissal of a COVID-19 coverage suit from Los Angeles-area jewelry stores, finding that a virus exclusion clearly applies.

9th Circ. Backs Allstate's Win In COVID-19 Coverage Dispute

By Hope Patti

A group of California business owners insured by Allstate are not entitled to coverage for their losses stemming from the COVID-19 pandemic and resulting government shutdown orders, the Ninth Circuit affirmed, saying a virus exclusion in the policies precluded the insureds' claims.

NHL Urges Calif. Panel To Let Virus Claims Out Of Penalty Box

By Craig Clough

The NHL and 19 of its teams urged a California appellate panel on Thursday to revive claims in a lawsuit seeking COVID-19 coverage, arguing their insurance policies cover all physical loss or damage despite a contamination exclusion, and that the pandemic required damage repairs such as installing external air systems.

Insurer Secures Win In Ga. Hospitals' COVID-19 Coverage Suit

By Hope Patti

Affiliated FM Insurance Co. paid a group of Augusta University hospitals the maximum amount due under the policies' communicable disease coverage, a Georgia federal court ruled, finding that the group was entitled to a single global payment regardless of how many locations had the actual presence of COVID-19.