HNRK Coverage Corner

On December 15, 2020, Judge Schofield of the SDNY issued a decision in 10012 Holdings, Inc. v. Sentinel Ins. Co. Ltd., Case No. 10-cv-4471(LGS), dismissing an art gallery’s claim for business interruption coverage arising from the suspension of business operations due to the government-ordered closure of non-essential businesses during the COVID-19 pandemic.

As discussed in my article, “A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic”, which appeared in the  Summer 2020 edition of NYLitigator, business interruption insurance ...

On October 7, 2020, North Carolina Superior Court Judge Orlando F. Hudson, Jr. handed down an important victory for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic.  In North State Deli, LLC v. The Cincinnati Ins. Co., Case No. 20-CVS-02569, Judge Hudson granted summary judgment to a group of restaurants, ruling that state shutdown orders constitute a covered “direct physical loss” under the applicable property insurance policies.

As discussed in my article, “A Guide to Insurance Coverage for ...

On August 12, 2020, United States District Judge Stephen Bough of the Western District of Missouri issued an important decision for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic. 

In Studio 417, Inc. v. Cincinnati Ins. Co., Case No. 20-cv-03127-SRB (W.D. Mo.), Judge Bough ruled that the plaintiffs insureds, who operate hair salons and restaurants subject to government-mandated closures, adequately alleged a claim for business interruption insurance coverage. The insureds submitted claims for ...

As the novel Coronavirus/COVID-19 spreads throughout the country and the world—and governments respond with travel restrictions and “shelter in place” orders—businesses of all kinds are experiencing sudden losses of revenue on an unprecedented scale.  Business interruption insurance may provide much-needed coverage for some of these losses.  Does your company have a viable business-interruption claim?  As always, the answer depends on the specific circumstances regarding your loss and the terms of your insurance policy.  Given the enormity of the business losses ...

On December 5, 2019, the First Department issued a decision in Certain Underwriters at Lloyd’s v. BioEnergy Development Group, LLC, 2019 NY Slip Op 08779, reversing a trial court’s dismissal of a claim based on the insurer’s bad faith delay in providing business interruption coverage, explaining:

The breach of the implied duty part of the counterclaim is based on allegations that plaintiffs refused to advance more than $6,806,725 in business interruption coverage until an appraisal panel awarded more than double that amount, and refused to pay the full amount of the property ...