Showing all results for category “business interruption claims”

Florida Third District Court of Appeal Holds Business Interruption Coverage Requires Physical Loss or Damage

Kelly Vogt analyzes a Florida Third District District Court of Appeal business interruption case that upheld policy requirements for “direct physical loss” for coverage of claims arising from the COVID-19 pandemic. The court ruled in favor of the insurers, affirming that the policies’ Business Interruption clauses were expressly linked to the “Perils Insured Against” provision that required direct physical loss or property damage.

Unanimous Nevada Supreme Court Rules There Is No Commercial Property Coverage for COVID-19 Economic Losses Without Physical Loss or Damage

Melinda Kollross details a Nevada Supreme Court decision holding that there is no business interruption coverage for COVID-19 related economic losses absent physical loss or damage, joining the chorus of other state high courts’ decisions on the matter.

Panel Affirms Insurer Not Liable for Recording Call with Lawyer

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 25, 2023

The 1st District Appellate Court recently held that an insurance company’s recording of a conversation between the insured’s attorney and the insurer’s claims representative did not violate the Illinois eavesdropping statute,

COVID-19 Pandemic Coverage Claims Update: The Appellate Tribunals Are Still Overwhelmingly Ruling In Favor of Insurers.

By Melinda S. Kollross

Although some state intermediate appellate tribunals have issued rulings favorable to insureds, the Supreme Courts from Delaware, Maryland and Ohio have added their voice to other state high courts holding that there is no business interruption coverage for pandemic related economic losses.

Insurers Remain Undefeated In Federal And State Appellate Tribunals On COVID-19 Business Interruption Claims

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with these appellate tribunals unanimously holding that there is no property insurance business interruption coverage for losses arising from the COVID-19 pandemic.

Two Appellate Court Panels Reject Business Coverage For COVID-19

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 5, 2022

Two Illinois Appellate Court decisions recently rejected insured restaurants’ claims for business interruption coverage based on Gov. J.B. Pritzker’s executive orders suspending on-premises consumption of food or beverages due to the COVID-19 pandemic.

Illinois Appellate Court, Second District Rules For Insurer In Covid-19 Business Interruption Case – Joins Unanimous Appellate Precedent Nationwide Finding No Coverage For Covid-19 BI Claims

Sweet Berry Café, Inc. v. Society Insurance, Inc., 2022 IL App (2d) 210088

OPINION

¶ 1 In this insurance coverage case, plaintiff, Sweet Berry Café, Inc. (Café), sought a declaration that its commercial property insurance policy with defendant,

Federal Appellate Courts Rule For Insurers On COVID-19 Business Interruption Claims

By Melinda S. Kollross

To date, four separate Federal Circuits have issued 7 decisions all holding for insurers on COVID-19 business interruption claims. A body of precedent is being built that can now be cited by the insurance industry at both the trial and appellate level in both state and federal court.