Insurance Update

Our April 2020 Insurance Update can be found here.

We begin with a recap of some of the COVID-19 business interruption claims filed against insurers. For more on COVID-19, please be sure to visit our Coronavirus Resource Center. Here are some of the insurance articles you will find there.

Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?

State Governments Look to Property Insurers for Small Business Relief

Commercial General Liability Insurance Coverage for COVID-19 Lawsuits

Confronting Business Interruption Claims Resulting from COVID-19

There were some important decisions over the past month from state high courts. Decisions from Maryland and California provide some rules on allocation, while the Texas Supreme Court considers whether the absence of a “groundless, false, or fraudulent” clause creates an exception to the “eight corners” rule.

Federal Circuit Courts have also been busy addressing coverage for malicious prosecution and negligent misrepresentation, and whether the Liability Risk Retention Act preempts a state anti-arbitration statute.

An Illinois appellate court also considers whether an insurer must provide a defense in a privacy suit involving the disclosure of biometric data without consent.

We conclude with a few updates on cases that we reported on previously and include some other quick notes.

We hope that you are all staying home and staying safe.

Rob Tugander and Greg Mann