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
Category: Insurance
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
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