By: John S. Anooshian and Paul A. Briganti On April 3, 2020, the Maryland Court of Appeals, in a closely-watched case, unanimously rejected the application of an “all sums” allocation…
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First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
By: Eric B. Hermanson and Austin D. Moody On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in…
Massachusetts Joins the Fray, Introduces Bill Forcing Insurers to Pay for COVID-19-Related Business Interruption Losses
By: Eric B. Hermanson, Anthony L. Miscioscia, and Timothy A. Carroll Before the ink could even dry on our latest alert, regarding Ohio’s proposed bill, we learned that Massachusetts legislators…
Ohio Follows NJ: Legislature Introduces Bill to Force Insurers to Pay for COVID-19-Related Business Interruption Losses
By: Anthony L. Miscioscia and Timothy A. Carroll Yesterday, on March 24, 2020, following in New Jersey’s footsteps, the Ohio legislature introduced a bill, H.B. No. 589, “[t]o require insurers…
“Direct Physical Loss or Damage”: The Gatekeeper to Property Insurance Coverage and COVID-19
By: Edward M. Koch and Elizabeth C. Dolce Commentary on insurance coverage for businesses in the wake of coronavirus (COVID-19) has largely, and unsurprisingly, focused on business interruption losses, civil…
No (Social) Distance for Reinsurers? If Lawmakers Force Insurers to Pay COVID-19 Claims, Will Reinsurers Follow?
By: Daryn E. Rush, Justin K. Fortescue and Ciaran B. Way As legislators in New Jersey debate a new law that would force insurers to pay COVID-19-related claims that are…