User:BD2412/Vaccine law resources/Insurance coverage

Of interest:

• https://cclt.law.upenn.edu/judicial-rulings/ - pie chart and list of COVID-19 insurance final rulings

• https://www.uphelp.org/covid-loss-recovery-initiative - various documents from cases around the country (under Lawsuits tab)

• https://www.sdvlaw.com/coronavirus_news.asp - final orders in COVID cases by state

• COVID Loss Recovery Initiative

• Norton Cutler, "Insurer Files Goldilocks Motion to Dismiss and Insureds Get First Unqualified Win", Tech Risk Report (October 28, 2020), https://www.techriskreport.com/2020/10/insurer-files-goldilocks-motion-to-dismiss-and-insureds-get-first-unqualified-win/

• "Florida Court Upholds Coverage for Doctor Office's COVID-19 Insurance", National Law Review, (October 8, 2020), https://www.natlawreview.com/article/florida-court-upholds-coverage-doctor-office-s-covid-19-insurance#:~:text=In%20another%20win%20for%20policyholders,Specialist%20of%20Florida%20LLC%20v

• Joshua Pollack, "Business Interruption Coverage for COVID-19: Recent Pro-Policyholder Decisions", Lathrop GPM (December 14, 2020), https://www.roadtoinsurancerecovery.com/2020/12/business-interruption-coverage-for-covid-19-recent-pro-policyholder-decisions/

• "Insurers' COVID-19 Notepad: What You Need to Know Now (Week of August 17)", Crowell Moring (August 18, 2020), https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Insurers-COVID-19-Notepad-What-You-Need-to-Know-Now-Week-of-August-17

• "Insurers' COVID-19 Notepad: What You Need to Know Now (Week of December 21)", Crowell Moring (December 22, 2020), https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Insurers-COVID-19-Notepad-What-You-Need-to-Know-Now-Week-of-December-21

• Jef Feeley and Katherine Chiglinsky, "Covid-Loss Case by Restaurant Is First U.S. Test for Insurers", Bloomberg (December 16, 2020), https://www.bloomberg.com/news/articles/2020-12-17/covid-loss-case-by-restaurant-is-first-u-s-test-for-insurers

Florida

Urogynecology Specialist of Florida LLC v. Sentinel Insurance Company

Urogynecology Specialist of Florida LLC v. Sentinel Insurance Company Ltd., Case No.: 6:20-cv-1174-Orl-22EJK (M.D. Fla. Sept. 25, 2020) - dismissal denied

Here, several arguably ambiguous aspects of the Policy make determination of coverage inappropriate at this stage. Notably, the Policy provided does not exist as an independent document. For example, the “Limited Fungi, Bacteria or Virus Coverage” section of the Policy (Doc. 5-1 at 141) starts by stating that it modifies certain coverage forms. Those forms are not provided in the Policy itself, nor were they provided to the Court. Additionally, the second paragraph states that the virus exclusion “is added to paragraph B.1 Exclusions of the Standard Property Form and the Special Property Coverage Form” which was similarly not provided to the Court. Without the corresponding forms which are modified by the exclusions, this Court will not make a decision on the merits of the plain language of the Policy to determine whether Plaintiff’s losses were covered. Additionally, it is not clear that the plain language of the policy unambiguously and necessarily excludes Plaintiff’s losses. The virus exclusion states that Sentinel will not pay for loss or damage caused directly or indirectly by the presence, growth, proliferation, spread, or any activity of “fungi, wet rot, dry rot, bacteria or virus.” (Id.). Denying coverage for losses stemming from COVID-19, however, does not logically align with the grouping of the virus exclusion with other pollutants such that the Policy necessarily anticipated and intended to deny coverage for these kinds of business losses.

California

Selane Products v. Continental Casualty

Selane Products, Inc. v. Continental Casualty Company, 2:20-cv-07834 (CDCA, Nov. 24, 2020) DWP

Pleading?

Court opinion

A. Civil Authority Coverage

...

Selane’s Complaint points to the physical attributes of COVID-19, which “can adhere to surfaces of property for several days and can linger in the air in building for several hours,” and alleges they constitute “physical loss of or damage to the property.” Compl. ¶¶ 4, 30-31, 49, 51. Aside from these legal conclusions, however, Selane does not adequately allege causes of “direct physical loss of or damage to property” as those terms appear in the Policy. See, e.g., W. Coast Hotel Mgmt., 2020 WL 6440037, at *3–4 (rejecting conclusory allegations of physical loss to property stemming from COVID19 as unfounded attempt to establish civil authority coverage) (citing 10E, 2020 WL 539653, at *6 (granting motion to dismiss claim for civil authority coverage where plaintiff “paraphrase[d] the language of the Policy without specifying facts that could support recovery under the Policy”)).

B. Business Income and Extra Expense Coverage

As this Court has determined that Selane offers no well-pled allegations to infer that it suffered “direct physical loss of or damage to property” due to COVID-19, Selane has also failed to show that COVID-19 and its impacts as alleged in the Complaint triggered coverage under the Business Income and Extra Expense Endorsement.

Discussion

12/20 2:30-3:00 (.5) discussion

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