Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now clarified California law and joins the majority of jurisdictions finding no coverage for these types of claims.

A scooter rider sought PIP benefits under New Jersey’s

Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds

87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were insured by Country Mutual Insurance Company. A fire destroyed one building (Building D), and the owner made a claim for

Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month.

We begin in Pennsylvania where the state’s high court reined in some loose analysis by the lower courts.  If a controlled substances exclusion applies to “bodily injury” claims and “bodily injury”

Southern District Rules That Insured Cannot Recover Its Attorney’s Fees for Its Coverage Action

The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and expenses it incurred in its

Our April 2024 Insurance Update is now available.

Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget about the NC State Wolfpack’s magical March run. Led by Miracle Mike and the two DJs,

Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application

Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from

Our March 2024 Insurance Update is now available.

We begin with three state supreme court decisions answering these questions:

• A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides

New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered

The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and

In this month’s insurance update, we address:

• Whether opioid suits allege an occurrence
• Whether the recurring presence of wild turkeys is “infestation”
• Whether improper copying of an industry publication was in the performance of professional services
• Whether wildfire dust is a “pollutant”
• Whether an aircraft exclusion applies to a partially disassembled plane
• And whether

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 –