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January 24, 2024 | New Jersey Law Journal

NJ Supreme Court Goes Beyond Question of 'Direct Physical Loss' in COVID-19 Insurance Claim

"Although it is not strictly necessary given our conclusion that Ocean Walk did not allege facts to establish a 'direct physical loss' of or 'direct physical damage' to its property, we nonetheless briefly address Ocean Walk's argument that the contamination exclusion in the policies issued by AGLIC, AIG, and IFCC does not apply here," Justice Anne M. Patterson wrote.
5 minute read
April 27, 2023 | Connecticut Law Tribune

Federal Judge Tosses Business Interruption Claim, Rejecting Argument That COVID Caused 'Damage' Necessitating 'Repairs'

"Although Plaintiff clearly has attempted to plead around these rulings by alleging damage and consequential repairs, the only 'damage' the complaint specifically describes is the presence of viral particles on surfaces, and the only 'repairs' described are the cleaning (specialized as it was) of Amphenol facilities, the installation of additional barriers and workspaces, and the replacement of HVAC units and filters," the court said.
4 minute read
March 08, 2023 | Law.com

W.Va. High Court: Employer's Insurance Policy Doesn't Cover Non-Employee Killed in Pa. Mining Accident

"We therefore conclude that the circuit court erred in finding the ELE inapplicable to Neice's action against Dana Mining. Under the language of the applicable ELE endorsement, we find that Neice's claim arises out of Mr. Neice's employment with 'any insured,' i.e., Mepco LLC, and the policy therefore excludes coverage for Neice's action against Dana Mining," Justice William R. Wooton wrote on behalf of the West Virginia Supreme Court.
5 minute read
January 06, 2023 | The Legal Intelligencer

Pa., NJ Supreme Courts Will Reject COVID Business Interruption Coverage, Third Circuit Predicts

"The businesses lost the ability to use their properties for their intended business purposes because the governors of the states in which they operate issued orders closing or limiting the activities of nonessential businesses, not because there was anything wrong with their properties," Chagares said.
4 minute read
June 23, 2022 | New Jersey Law Journal

NJ Appellate Division Orders Dismissal of Ocean Casino's COVID-19 Business Interruption Claims

The New Jersey Appellate Division stated that the trial court "erroneously" found the defendant insurers' policy terms to be "ambiguous and confusing."
5 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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April 24, 2022 | Law.com

First 2 State Supreme Courts Join Federal Appeals Courts in Rejecting COVID-19 Business Interruption Claims

The Massachusetts Supreme Judicial Court and the Iowa Supreme Court became the first state high courts in the country last week to decide whether businesses can recover COVID-19-related business losses under their insurance policies.
9 minute read
April 21, 2022 | New Jersey Law Journal

Think, Talk and Operate Like It's 2022

The NJ Insurance Fair Conduct Act now allows a claimant to bring a first-party claim directly against an automobile insurer if it engages in an "unreasonable delay or unreasonable denial of a claim for payment of benefits" under UM or UIM provisions.
8 minute read
April 20, 2022 | Law.com

Appeals Court: Injured Passengers in Rental Vehicle Not Entitled to Payment Under Driver's UIM Coverage

The West Virginia Supreme Court reversed summary judgment in favor of two plaintiffs, finding they were not covered under the driver's underinsured motorist coverage because they were passengers of a rented vehicle that was not a "covered auto" under Progressive's policy.
7 minute read
February 25, 2022 | Connecticut Law Tribune

'Profound Implications': $73M Settlement in Sandy Hook Lawsuit Could Expand Scope of CUTPA

"The gun industry is not known for self-reflection," attorney Josh Koskoff said.
7 minute read
July 27, 2021 | The Legal Intelligencer

Unintended Consequences of NY's Legislation on Bad-Faith Claims Settlement

As New York seeks to protect policyholders from insurers' bad-faith failure to settle valid claims, the recently proposed Senate Bill S6813 could significantly change the landscape of insurance law by codifying bad faith in claims settlements and unleash a flood of claims for "deceptive" conduct across the state.
4 minute read

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