11 results for 'cat:"Insurance" AND cat:"Covid-19" AND cat:"Contract"'.
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking damages for business losses due to the store's inability to use its premises during the Covid-19 pandemic. The store cannot show that a physical loss occurred in order to trigger coverage under the policy. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02091, Categories: insurance, covid-19, contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: insurance, covid-19, contract
J. Keenan finds the lower court improperly granted class certification to the massage parlors. The parlors lost money during the pandemic when they were closed to avoid the spread of COVID-19. To receive insurance benefits, the parlors would have had to suffer from physical material destruction or material harm to their business. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: March 8, 2024, Case #: 22-1853, Categories: insurance, covid-19, contract
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: insurance, covid-19, contract
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J. Hall rules in favor of the insurer in a breach of contract and declaratory judgment action brought by the insureds in a dispute arising out of two policies issued to the insureds before and during the Covid-19 pandemic. The insureds alleged that sub-limits for communicable disease provisions in the policies apply on a per-location basis rather than globally. The policy sub-limits unambiguously apply globally and the insurer has paid out the maximum amount of coverage due under the policies.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 28, 2023, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: insurance, covid-19, contract
J. Kobes finds a lower court properly dismissed a bar/ restaurant owner's motion for insurance coverage as a result of the Covid-19 pandemic. The bar/ restaurant owner argued that he suffered a dip in revenues, which entitled him to relief. However, the insurance company presented sufficient evidence in court that his request for coverage for contamination of his establishments do not fall under the policy's lost business income. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 21, 2023, Case #: 22-1356, Categories: insurance, covid-19, contract
J. Brown finds that the trial court properly granted the insurers' joint motion to dismiss a breach of contract action brought by the insured arising from the insurers' refusal to provide coverage for property losses resulting from the Covid-19 pandemic. A majority of courts have rejected similar claims for insurance coverage due to the pandemic. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: August 9, 2023, Case #: A23A0944, Categories: insurance, covid-19, contract
J. Carr denies the insurer's motion to dismiss, ruling that while the long-term care facilities did not sustain any direct property damage as a result of the Covid-19 pandemic or gubernatorial orders to modify their facilities during the pandemic, the crisis management coverage in its insurance could provide coverage for business income losses. Although the losses sustained by the facilities were the result of government mandates, there is no exclusion in the policy for such a situation, and because the reading of the policy put forth by the owners is reasonable, their claims may proceed.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: June 6, 2023, Case #: 3:22cv438, NOS: Insurance - Contract, Categories: insurance, covid-19, contract
Per curiam, the appellate division finds that the lower court improperly found for the insurer in a dispute over camper protection insurance policies sold with a provision that the policies could be cancelled "for any reason." The complaint adequately pleads a cause of action for breach of contract relating to policies sold both before and after the Covid-19 pandemic. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2023, Case #: 02758, Categories: insurance, covid-19, contract