On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint against Westport Insurance Corp. seeking COVID-19 business interruption coverage.

The Court’s affirmance continues New York’s well-settled approach to contract interpretation, which demands that all contracts –

On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts nationwide are looking to see how New York’s highest court will decide the case.

The case before the Court of Appeals stems

On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state in recent days. The regulation, Amendment Seventeen to 11 NYCRR 216 (Regulation 64), requires New York State-regulated insurance companies

The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials,

As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption.

There is likely little to no coverage available under most standard commercial property policies for these types of claims. Most commercial property policies provide coverage for lost income or