By: Sean P. Mahoney and Ciaran B. Way On May 14, 2020, the Pennsylvania Supreme Court denied a Pittsburgh-based restaurant’s Emergency Application asking it to exercise its statutory and “King’s
Category: Insurance
Pa. Ruling Doesn’t Support COVID-19 Biz Interruption Claims
By: Anthony Miscioscia and Timothy Carroll “These are, safe to say, uncertain times,” Siobhan Roberts, a science journalist, recently wrote for the New York Times, referencing the COVID-19 pandemic. And
Shuttered Businesses Seek National Consolidation of COVID-19 Business Interruption Claims
By: Sean P. Mahoney, Michael O. Kassak and Eric B. Hermanson On April 20, 2020, two Philadelphia restaurants filed a petition with the Judicial Panel on Multi-District Litigation (the Panel
Ohio Supreme Court: “Those Sums” Isn’t “All Sums” Where Damages Occur at a Discernable Time
By: John S. Anooshian and Michael E. DiFebbo The Ohio Supreme Court declined to adopt a bright-line rule regarding whether Ohio’s “all sums” allocation rulings apply to property damage occurring
California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation
By: Gregory S. Capps and Michael E. DiFebbo On April 6, 2020, the California Supreme Court issued a decision that held a policyholder is entitled to access available excess coverage
Maryland’s Top Court Adopts Majority Pro Rata Allocation Rule in “Long Tail” Case
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