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
Category: Insurance
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
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