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
Category: Insurance
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
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.