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.
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.
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
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.
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.
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”.
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.
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
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