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
Category: Insurance
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
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
New York Joins Growing Collection of States Considering Laws to Force Insurers to Pay COVID-19 Business Interruption Losses
On Friday, March 27, 2020, New York joined the growing chorus of states that have introduced legislation requiring first-party property policies to insure business interruption losses due to COVID-19 – notwithstanding policy provisions requiring there to first be some physical damage and possibly despite widespread use of a “Virus” exclusion.
New DJ Takes Different Tack on Business Interruption Coverage for COVID-19
On Wednesday, March 25, 2020, Thomas Keller Restaurant Group filed a declaratory judgment action against Hartford Fire Insurance Company, in the Superior Court of California, seeking coverage for business income losses on account of COVID-19
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