In the recent decision in Q Clothier New Orleans LLC v. Twin City Fire Insurance Co., the Fifth Circuit Court of Appeals affirmed the dismissal of an insured’s claim for coverage under a property policy for loss arising from compliance with pandemic-related shutdown orders. In concluding that such losses did not fall within the meaning of “direct physical loss of or damage to property” in the policy’s insuring agreement under Louisiana law, the court noted that its ... Keep Reading »
Property
Sixth Circuit Finds No Coverage for Alleged Losses Related to COVID-19
Just like the tidal wave of trial court decisions in favor of insurers in COVID-19 business interruption insurance coverage lawsuits, a similar wave of appellate decisions is now forming. In Dakota Girls LLC v. Philadelphia Indemnity Insurance Co., the Sixth Circuit Court of Appeals, applying Ohio law, affirmed the dismissal of a lawsuit brought by private preschools seeking coverage for alleged COVID-19-related business interruption losses. The Sixth Circuit held there ... Keep Reading »
Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy
On November 10, 2021, Florida’s Fourth District Court of Appeal weighed in on a matter involving the interpretation of an appraisal clause for resolving disputes regarding the amount due for covered loss in First Call 24/7, Inc. v. Citizens Property Insurance Corp. In July 2018, Citizens Property Insurance insured a piece of property owned by the policyholder. The policyholder contacted First Call 24/7 Inc. to provide water mitigation services after her property ... Keep Reading »
Florida Federal Court Affirms Insurer’s Denial of Hurricane Irma Claim Reported More Than Two Years Late
The U.S. District Court for the Southern District of Florida granted a motion for summary judgment in favor of the insurer in LMP Holdings v Scottsdale Insurance Co., holding that the insurer was prejudiced by the insured’s delayed reporting of the claim. The matter concerned a Hurricane Irma claim for a commercial property located in Miami-Dade County, Florida. The insurer, Scottsdale Insurance Co., issued LMP Holdings Inc., the insured, an all-risk commercial ... Keep Reading »
Eleventh Circuit Finds No Insurance Coverage for Dental Practice’s COVID-19 Business Income Loss Under Georgia Law
In a recent decision, the Eleventh Circuit Court of Appeals ruled that an insured's failure to allege "direct physical loss or damage" to property was fatal to its COVID-19-related business interruption claim. Although addressed ad nauseam by the district courts - with the overwhelming majority finding no coverage - the Eleventh Circuit's unpublished decision appears to be just the second federal appellate opinion on this issue. The other, the Eighth Circuit's decision ... Keep Reading »
Florida Appellate Court Issues Opinion on Validity of Assignment of Benefits in Property Insurance Claim
As the Florida Legislature and Florida courts continue to grapple with the issue of assignments of benefits in property claims, the Fourth District Court of Appeal recently weighed in on a matter involving the validity of a purported assignment in QBE Specialty Insurance Co. v. United Reconstruction Group Inc. The case involved a water damage claim at a home insured by QBE Specialty Insurance Co. United Reconstruction Group was hired to perform emergency water ... Keep Reading »
Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice, allegedly sustained financial losses due to the COVID-19 pandemic and related government orders that temporarily restricted ... Keep Reading »
Consistent With Nationwide Trend, Recent Decisions Applying Louisiana Law Find COVID-19 Does Not Cause Physical Loss or Damage
Consistent with the majority of decisions in courts across the country, a number of Louisiana state and federal courts have recently held that COVID-19 does not cause physical loss or damage to property as required for coverage under most first-party property policies. In a summary judgment decision issued from the bench in Nite, Nite LLC v. Certain Underwriters at Lloyd’s, London, a Louisiana state court considered whether the state government’s COVID-19 shutdown ... Keep Reading »
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit requirement that any claimant (who is not an assignee of the policy) must provide written notice of intent to initiate litigation to the insurer at least ... Keep Reading »
No More Runway for Florida COVID-19 Insurance Coverage Lawsuit
Judge Raag Singhal in the U.S. District Court for the Southern District of Florida recently dismissed with prejudice a COVID-19 business interruption insurance coverage lawsuit brought by the owners of Anthony's Runway 84 - a popular restaurant near the Fort Lauderdale airport. As this blog has reported previously, there has been a tidal wave of rulings in favor of insurers in COVID-19 business interruption insurance coverage lawsuits. With Judge Singhal's dismissal with ... Keep Reading »
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