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  • Article

    The Commercial Division Rejects Yet Another Insured's Claim For Coverage For Covid-Related Revenues Losses

    Does the business harm caused by COVID-19 qualify as "direct physical loss" for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021...
    United StatesInsurance
    Sheppard
    Sheppard
  • Article

    College's COVID-19 Coverage Lawsuit Tossed Out By Federal Court In Kansas

    A Kansas liberal arts college dropped a proposed class action against a national insurer, which alleged that the carrier did not cover financial losses related to COVID-19.
    United StatesCoronavirus (COVID-19)
    Mayer Brown
    Mayer Brown
  • Article

    COVID-19 US:"Permitted Practices" To Protect Against Insurer Insolvencies In Relation To Coronavirus

    As the economic and financial crisis resulting from the COVID-19 pandemic continues to develop and unfold across the US, it is inevitable that US insurers ...
    United StatesCoronavirus (COVID-19)
    Clyde & Co
    Clyde & Co
  • Article

    Insurance: Not Much Of A Muchness

    Many policyholders believe that the insurance available on the market covering a particular type of risk is much of a muchness.
    United StatesCoronavirus (COVID-19)
    Cooley LLP
    Cooley LLP
  • Article

    Pennsylvania Supreme Court Declines Jurisdiction Over COVID-19 Coverage Claim Not All Claims The Same

    Insurers faced with pending and likely COVID-19 lawsuits in Pennsylvania recently received a favorable ruling from the Commonwealth's highest court.
    United StatesCoronavirus (COVID-19)
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Massachusetts Department Of Unemployment Assistance Announces Implementation Of CARES Act And Pandemic Unemployment Assistance

    On Monday, the Massachusetts Division of Unemployment Assistance ("DUA") announced that the Pandemic Unemployment Assistance guaranteed under the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") would become available for gig economy workers.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss Or Damage

    The first appellate court to consider a COVID-19 business interruption claim has ruled in favor of the insurer holding that coverage for business losses resulting from the COVID-19 pandemic and ...
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    A Test Costs What? Pricing And Reimbursing COVID-19 Tests

    Out-of-network providers appear to be inflating the price of COVID-19 diagnostic and antibody tests, according to a recent America's Health Insurance Plans (AHIP) survey.
    United StatesCoronavirus (COVID-19)
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    COVID-19 Vaccine Incentives Without The HIPAA Headache

    n February 26, 2021, the U.S. Department of Labor, along with the U.S. Department of Health and Human Services and the U.S. Department of the Treasury, issued answers to new frequently asked questions...
    United StatesCoronavirus (COVID-19)
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    English High Court Rules For Policyholders In FCA's COVID-19 Test Case

    In a significant victory for policyholders, on 15 September 2020, the English High Court delivered judgment in the UK Financial Conduct Authority's ("FCA") COVID-19 Business Interruption Test Case.
    United StatesCoronavirus (COVID-19)
    Jones Day
    Jones Day
  • Article

    Michigan Judge Rules Direct Physical Loss Required To Trigger Business Interruption Coverage

    On July 1, 2020, a Michigan state court dismissed a coronavirus-related business interruption lawsuit filed by policyholder restaurants on the pleadings...
    United StatesCoronavirus (COVID-19)
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Providing Employees With Tax-Free Covid-19 Assistance: What Employers Need To Know

    Are your employees struggling with unexpected medical, work-from-home, childcare or other expenses as a result of the COVID-19 pandemic.
    United StatesCoronavirus (COVID-19)
    ORBA
    ORBA
  • Article

    Road Map To Insurance Coverage For COVID-19 Business Interruption Losses

    Roughly three thousand years ago, King Solomon was asked for a maxim that was true in both good and bad times. He offered, "This, too, shall pass away." Most businesses will readily admit that, ...
    United StatesCoronavirus (COVID-19)
    Miller Friel
    Miller Friel
  • Article

    Can Restaurant Owners State A Claim Against Insurance Companies For Income Lost Due To COVID-19 Shutdown Orders?

    Since the thick of the COVID-19 pandemic, many businesses that took an economic hit due to the shelter-in-place orders have sued their insurance providers for denying coverage of their claims.
    United StatesInsurance
    Kane Russell Coleman Logan PC
    Kane Russell Coleman Logan PC
  • Article

    Court Issues First Ruling In A Covid-19 Related First Party Property Claims

    On July 1, 2020, Michigan Circuit Court Judge Joyce Draganchuk issued what it appears to be to be the first U.S. court decision in an insured's first party property lawsuit...
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Fifth Circuit Affirms That Business Interruption Coverage Requires Direct Physical Loss; COVID-Related Losses Do Not Qualify

    In a win for Wiley's client, the United States Court of Appeals for the Fifth Circuit, applying Louisiana law, affirmed the grant of an insurer's motion...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Seventh Circuit Affirms Judgment On The Pleadings For Insurer In Covid-19 Business Interruption Claim By Shopping Mall Food Court Restaurant

    Butler Weihmuller Katz Craig LLP attorneys Clark Schirle and Jon Barger obtained a victory for their client in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Upcoming Insurance Coverage Dispute Deadlines For COVID-19 Claims

    As companies continue to grapple with the COVID-19 pandemic's impact on their businesses and the consequential loss of income...
    United StatesInsurance
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Wisconsin Supreme Court Sides With Insurer In Covid-Related Insurance Coverage Case

    Today, the Wisconsin Supreme Court issued its unanimous decision in Colectivo Coffee Roasters, Inc. v. Society Insurance, a Covid-related insurance coverage case. Ruling for the insurer...
    United StatesInsurance
    Godfrey & Kahn S.C.
    Godfrey & Kahn S.C.
  • Article

    The U.S. Supreme Court Clarifies The Scienter Standard For False Claims Act Cases

    On June 1, 2023, the U.S. Supreme Court addressed a key issue in FCA cases: What does it mean for a defendant to act "knowingly" as required for FCA liability? U.S. ex rel. Schutte v. SuperValu Inc.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day

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