Showing all results for category “covid-19”

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.

Court Finds No Property Coverage for COVID Business Interruption

Don Sampen analyzes an Illinois First District Appellate Court decision that affirmed that business interruptions due to COVID-19 do not constitute “direct physical loss or damage” under a commercial property insurance policy. The court agreed with prior case law that the virus’s effects—while significant—do not physically alter property to trigger coverage.

9th Circuit Rejects Theatre’s COVID-19 Coverage Claim

Melinda Kollross analyzes a unanimous Ninth Circuit Appellate Court ruling that a movie theater cannot recover business interruption losses stemming from the COVID-19 pandemic, citing New York law and a contamination exclusion in policies from Allianz, Liberty Mutual, and Zurich. The court reaffirmed that “physical damage” under a property policy requires material alteration or complete dispossession, consistent with the New York Court of Appeals’ Consolidated Restaurant Operations decision.

Perri and Van Dusen Win Pre-Answer Motion to Dismiss in Federal Court on Expired Statute of Limitations Despite COVID-19 Executive Tolling and Extension Orders

Congratulations to Carl Perri and Matthew Van Dusen on obtaining a pre-answer motion to dismiss in a product liability case. The court ruled that despite COVID-19 executive tolling and extension orders, the plaintiff’s complaint was time-barred and filed after the allowed extension.

Clausen Miller Appellate Partners Celebrate Trifecta of July 2024 Wins

Congratulations to Melinda Kollross, Mike Raudebaugh and Sandy Kupelian on a string of wins in July 2024. The wins included Melinda’s Illinois Appellate Court victory in a COVID-19 business interruption coverage action, Mike’s favorable settling of a first party-property action moments before a key deposition, and Sandy joining the Appellate & Trial Monitoring Practice Group. The group celebrated at Hugo’s Frog Bar in Naperville, Illinois.

Kollross Secures Affirmance – Illinois Appellate Court Rejects COVID-19 BI Coverage Claim

Congratulations to Melinda Kollross on securing a unanimous affirmance by an Illinois Appellate Court on behalf of her insurer client in a COVID-19 business interruption coverage claim. The appellate court upheld the circuit court’s dismissal of the claim under a policy’s Tenants Prohibited Access (“TPA”) coverage provision, finding that a landlord’s compliance with government shutdown orders is not a “physical” obstruction to access as required for TPA coverage to exist, and that the policy’s Contamination Exclusion bars coverage.

COVID-19 Casualty Update: California Supreme Court Denies Review Of Appellate Decision That COVID-19 Death Suit May Proceed Against Widow’s Employer, But Accepts Certified Questions From 9th Circuit

By Melinda S. Kollross

In Volume 4 of our 2021 CM Report, I discussed See’s Candies, Inc. v. Superior Court, 73 Cal. App. 5th 66 (2021), and analyzed the ramifications for future litigation arising from this decision.

COVID-19 Losses Excluded Even Under ‘Contamination’ Definition

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 21, 2022

The 1st District Appellate Court recently held that a contamination exclusion in an all-risk commercial property insurance policy excluded coverage for business loss caused by the Covid-19 pandemic,

Federal And State Appellate Tribunals Continue To Rule For Insurers On COVID-19 Business Interruption Claims

by Melinda S. Kollross

In Volume 3 of our 2021 CM Report, I reported on a growing body of federal appellate precedent holding that first-party property policies do not cover COVID-19 business interruption losses.

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.