Insurance Update

We bring you our November Insurance Update.

Here’s what happened over the past month.

Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption losses in three separate cases.  The cases addressed the “direct physical loss” language, the virus exclusion, causation, and civil authority coverage.

The Nevada Supreme Court joined the majority of jurisdictions that place the burden of proof on the policyholder to prove exceptions to exclusions, while the Ohio Supreme Court decided a case of first impression involving a water-backup exclusion.

The Tenth Circuit, in the context of a TCPA claim, explained why the types of relief requested – statutory damages and injunctive relief – were not covered.

Meanwhile, the Fifth Circuit addressed the breadth of a CGL policy’s automobile exclusion.  The insured’s metal gate swung open onto the roadway causing a collision.  Is the auto exclusion implicated?

And last but not least, a Wisconsin appellate court discussed why a reckless homicide conviction precluded coverage for claims asserted in a related civil action.

We hope that you enjoy the update, and wish everyone a happy Thanksgiving.

Rob Tugander and Greg Mann