Recent Wave of Federal Appeals Decisions in COVID-19 Business Interruption

Recently, we began to see real decisions being made by the appellate courts on COVID-19 Business Interruption issues.  The U.S. Circuit Courts of Appeals have established a uniformly favorable trend for insurance carriers – these courts have affirmed the district court decisions that have ruled in favor of the insurers, and in one case, the Sixth Circuit vacated a district court’s decision that ruled in favor of the policyholder. Since our original blog post on this issue in October, this trend continued in December with a Tenth Circuit decision.

To read the full text of this post by Duane Morris attorneys Max H. Stern & Holden Benon, please visit the Duane Morris Insurance and Reinsurance Blog.

COVID-19 Business Income Loss Suit Dismissed by California Court

Last week, Judge Birotte Jr. of the Central District of California dismissed a declaratory relief and bad faith action against Travelers Indemnity Company of Connecticut seeking coverage for COVID-19 business income losses. Plaintiff, a Los Angeles-based restaurant significantly impacted by COVID-19, held a policy with Travelers that it alleged provided coverage for COVID-19 losses.

To read the full text of this post by Duane Morris attorney Gina Foran, please visit the Duane Morris Insurance Law Blog.

Oral Argument on Potential Consolidation of Business Interruption Coverage Cases Related to COVID-19

On July 30, the Judicial Panel on Multi-District Litigation (the Panel) heard oral argument of extraordinary length on the potential consolidation of all the federal cases involving business interruption coverage relating to COVID-19 and/or the COVID-19 shut-down orders.  There are some 449 such federal cases, approximately 200 of which are putative class actions.

To read the full text of this post by Duane Morris partner Damon Vocke, please visit the Duane Morris Insurance Law Blog.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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