Insurer Asks Court to Immediately Appeal COVID-19 Ruling

On Tuesday, Society Insurance Co. asked an Illinois federal judge for approval to immediately appeal his February refusal to dismiss policyholders’ claims for COVID-19 business interruption losses. As part of their argument, they claim the question of losing the use of one’s property constitutes a “direct physical loss,” and is a pressing legal question that requires quick appellate review.

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Society Insurance Must Face Policyholders in COVID-19 Lawsuits

A federal judge in Illinois has ruled that three bellwether cases in multidistrict litigation against Society Insurance Co. will be allowed to proceed, over the insurer’s widespread denial of COVID-19-related coverage.

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Burns Appointed Interim Co-Lead Counsel

Tim has been appointed Interim Co-Lead Counsel in the consolidated class litigation relating to COVID-19 business interruption losses captioned:  Troy Stacy Enterprises Inc. v. The Cincinnati Ins. Co. (S.D. Ohio).  0057 – ORDER CONSOLIDATING CASES AND APPOINTING INTERIM CO-LEAD COUNSEL- Swearingen Smiles LLC et al. v.Th – Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Company – ohsd – 1-2020-cv-00312

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Burns Appointed Co-Lead Counsel

Tim has been appointed Co-Lead Counsel in In Re:  Society Ins. Co. COVID-19 Business Interruption Protection LitigaCo-Lead Ordertion (N.D. Ill.).  Co-Lead Order

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COVID-19 Merits “Physical Loss” Insurance, Claims L.A. Nightclub

A Los Angeles nightclub claims its insurer wrongly denied coverage for losses suffered due to the COVID-19 pandemic. The nightclub has asked a California federal court not to throw out a proposed class action, claiming the virus caused a physical loss by curtailing its business.

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Steakhouse Chain Sues Insurer Over COVID-19 Coverage

Firebirds International LLC, a steakhouse chain with more than 50 restaurants around the country, has filed a lawsuit against Zurich American Insurance Co., claiming the insurer is in breach of contract for refusing to cover business losses stemming from the COVID-19 pandemic. This, despite the fact that Firebirds pays for premium coverage.

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COVID-19 Coverage MDL Could Prove to Be a “Nightmare”

The task set before a Judicial Panel on Multidistrict Litigation, over whether to consolidate hundreds of lawsuits filed against insurers who have denied their policyholders’ business interruption claims, is being described as a “nightmare”.

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JPML Probes Bids To Combine COVID-19 Coverage Battles

The Judicial Panel on Multidistrict Litigation (JPML) had several questions on Thursday for attorneys representing policyholders and insurance carriers over whether COVID-19 business interruption claims currently pending in federal courts across the country should be centralized or resolved case by case.

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Lloyd’s Insurers Argue COVID-19 Coverage Suit Should Be Sent to Florida

Underwriters from Lloyd’s of London have asked a New York federal court to send a COVID-19 coverage suit brought by two pizza companies to Florida, claiming the companies have engaged in forum shopping. Read more

Houston Rockets Seek Coverage for COVID-19 Interruptions

The Houston Rockets and its venue the Toyota Center have filed a lawsuit seeking business interruption coverage for losses related to COVID-19 shutdown orders. Both the team and the venue say their insurer wrongly denied a recently filed claim. Read more