Businesses operating in Illinois have faced thousands of lawsuits arising under the Illinois Biometric Information Privacy Act (BIPA), leading to hundreds of cases and related insurance claims. Insurance companies have aggressively denied coverage for these claims and filed litigation seeking
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States Split on Key Issues—Federal Courts Disregard State Interpretations of the Law
It is time for a new-year’s update on the ongoing thousands of cases on COVID-19 Business Interruption (BI) insurance. Even though the carriers have declared victory, numerous issues are still up in the air with conflicting state decisions; the carriers…
Insurer Files Goldilocks Motion to Dismiss and Insureds Get First Unqualified Win
Insurance carriers have filed over 100 motions to dismiss in the more than 1,000 business interruption (BI) cases already filed that seek coverage for losses from COVID-19. All of these motions to dismiss allege that the insureds have not, under…
Now for the Main Event: [Litigation Over] the Virus Exclusion and Civil Authority
Several decisions and numerous pending motions filed during the last few weeks have transitioned the litigation over COVID-19 Business-Interruption (BI) claims from what seemed like a preliminary event, namely the quarrel over whether COVID-19 contamination is property damage, to what…
FCA Case Provides a Win for Policyholders and Vindicates the Concept of Expedited Generalized Rulings for Small Businesses
By Jim Davis & Norton Cutler
As previously reported in this blog, the U.K. Financial Conduct Authority (FCA) brought a case against a variety of insurers under 21 policy wordings seeking clarification of sample clauses because the carriers refused to pay any U.K. claims relating to…
The Fat Lady Has Not Sung Yet
In the last few weeks, since our last blog on this topic, another 50 cases have been filed seeking recovery of business-interruption losses from COVID-19. These include a case brought on behalf of adult entertainment clubs shut down by…
COVID-19 Business Interruption Litigation: Lessons Learned So Far
Since the beginning of the COVID-19 pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra expense, civil authority, and other…
Higher Education COVID-19 Losses: Property and Business Interruption Insurance Policies Should Provide Relief
Due to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief. Potentially covered sources of loss and damage include (1) efforts to make buildings safe…
On the Discoverability of Virtual Meetings
In 1964, futurist Arthur C. Clarke predicted that in 50 years, people “will no longer commute—they will communicate.” For a significant portion of the American workforce, the future is now. COVID-19 has fundamentally changed how we communicate: The virtual meeting…
UK COVID-19 Business Interruption Disputes Process May Offer Guidance to US Policyholders
The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions. Meanwhile, the independent regulator of insurers…