Various theories abound on how to deal with this sprawling coverage litigation. And none of them is ideal. As one counsel put it, is the litigation the nightmare or is consolidation the nightmare?
Category: Insurance
Court Addresses When Duty to Defend Ends
By: Anthony L. Miscioscia and Margo E. Meta There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a
PA Supreme Court Denies “King’s Bench” Petition to Consolidate All COVID-19 Business Interruption Cases Pending in State Court
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
Pa. Ruling Doesn’t Support COVID-19 Biz Interruption Claims
By: Anthony L. Miscioscia and Timothy A. Carroll “These are, safe to say, uncertain times,” Siobhan Roberts, a science journalist, recently wrote for the New York Times, referencing the COVID-19
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