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
Category: Insurance
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
“Direct Physical Loss or Damage”: The Gatekeeper to Property Insurance Coverage and COVID-19
By: Edward M. Koch and Elizabeth C. Dolce Commentary on insurance coverage for businesses in the wake of coronavirus (COVID-19) has largely, and unsurprisingly, focused on business interruption losses, civil