By: Edward M. Koch and Felix S. Yelin Without question, the Coronavirus disease 2019 (COVID-19) has caused a world-wide pandemic and paralyzed the United States economy in the first quarter…
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First Coronavirus Coverage Suit Filed For Business Interruption
By: Edward M. Koch, Randy J. Maniloff and Marc Penchansky It wasn’t a question of if, but when. And the wait wasn’t long. Yesterday’s suit was filed in a Louisiana state…
NYDFS Mandate to Insurers Re COVID-19: Explain Your Business Interruption Coverage Now
By: Joshua A. Mooney Last week, in wake of anticipated losses from COVID-19 (coronavirus), the New York State Department of Financial Services (NYDFS) issued instructions mandating all property/casualty insurers “to…
Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense
By: Anthony L. Miscioscia and Timothy A. Carroll It has long been the rule, under Pennsylvania law, that an insurer’s duty to defend is determined “solely” by the allegations in…
New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion
In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019, a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work.
Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense
Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.