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April 20, 2023 | The Legal Intelligencer

Sixth Circuit's Flawed Analysis in 'Westfield National Insurance v. Quest Pharmaceuticals'

Over the past decade, states and local governments across the country have filed thousands of lawsuits against pharmacies, manufacturers and distributors of prescription opioids for their alleged role in contributing to opioid-related bodily injuries.
9 minute read
March 11, 2023 | The Legal Intelligencer

New Partners 2023

The Legal Intelligencer congratulates the new class of partners for 2023.
47 minute read
February 07, 2023 | Insurance Coverage Law Center

Another Claim Bites the Dust in COVID-Related Business Litigation

"We conclude that, just as the properties were not physically altered in any way by the COVID-19 pandemic, the plaintiffs' activities designed to prevent the transmission of the coronavirus on the properties were not 'repairs' in any ordinary sense of the word," the opinion said.
4 minute read
February 02, 2023 | Connecticut Law Tribune

Victory for Insurance Companies in Claims Cases Over COVID-Related Business Interruption

"We conclude that, just as the properties were not physically altered in any way by the COVID-19 pandemic, the plaintiffs' activities designed to prevent the transmission of the coronavirus on the properties were not 'repairs' in any ordinary sense of the word," the opinion said.
3 minute read
January 31, 2023 | Insurance Coverage Law Center

Westfield Nat'l Ins. Co. v. Quest Pharms., Inc.

The Sixth Circuit compared Quest's complaint to each insurer's policy to determine whether any the slew of opioid suits against Quest could require either insurer to indemnify Quest for damages.
21 minute read
January 25, 2023 | Law.com

Ransomware Attack Not Covered: 'No Direct Physical Loss of or Damage to' Intangible Computer Software, State High Court Says

The insurance policy phrase "direct physical loss of or damage to" has been prominent in the news the past few years thanks to the spate of business interruption cases stemming from the pandemic, but one state high court recently had occasion to examine that policy language in a different context: cybersecurity.
6 minute read
January 10, 2023 | Insurance Coverage Law Center

Stoneledge at Lake Keowee Owners' Ass'n v. Cin. Ins. Co.

The court found that the insurers' reservation of rights letters were an inadequate basis for denial of a claim.
12 minute read
January 10, 2023 | Insurance Coverage Law Center

No Reservations Available for HOA Insurers

The "reservations of rights" letters from the insurers made nonspecific references to policy exclusions that may or may not preclude coverage for the insureds.
4 minute read
January 05, 2023 | Law.com

10th Circuit Joins Sister Courts in Holding Presence of COVID-19 Does Not Constitute 'Direct Physical Loss or Damage'

"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
5 minute read
January 05, 2023 | Insurance Coverage Law Center

10th Circuit Joins Others in Holding COVID-19's Presence Does Not Constitute 'Direct Physical Loss or Damage'

"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
5 minute read

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