Law360 recently spoke to Burns Bowen Bair co-founder Tim Burns regarding a restaurant operator seeking relief from pandemic-related shutdown orders. The operator, Gavrilides Management Co. LLC, is seeking an appeal of a trial court’s July 2020 decision that said there needed to be tangible, physical damage to its properties in order to warrant coverage. Read more
Two Travelers units filed a declaratory action in June to avoid covering a 2017 shareholder suit against Blue Bell Creameries, filed in the wake of a listeria contamination. The two units — Discover Property & Casualty Insurance Co. and Travelers Indemnity Co. of Connecticut — cite exclusions in the ice cream maker’s commercial general liability policy in their bid for summary judgment. Read more
A recent article in Law360 details several businesses, including a Ritz-Carlton in Texas and a Quality Inn in Illinois, arguing before a Seventh Circuit panel that they each had insurance coverage wrongly denied after suffering losses resulting from pandemic-related government shutdown orders.
Attorneys Tim Burns, Jeff Bowen, Jesse Bair, and Freya Bowen are representing Gio Pizzeria & Bar Hospitality LLC of Coral Springs and Gio Pizzeria Boca of Boca Raton. The pizza companies recently asked the Eleventh Circuit to reverse a string of lower court decisions denying them insurance coverage after pandemic-related shutdown orders forced them to close their business.
Several Native American tribes and nations have had difficulty obtaining insurance coverage after the COVID-19 pandemic forced them into closing resorts and casinos.
An Illinois federal judge has been asked by Society Insurance Co. to throw out all bad faith claims it’s currently facing in pandemic business-interruption multidistrict litigation, despite claims it issued a blanket coverage denial over COVID-19 losses.
Two insurance company trade groups have weighed in on the debate over whether businesses are entitled to coverage following losses resulting from pandemic-related shutdown orders. The American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies asked the Fourth Circuit to reject a lawsuit filed by Skillets LLC, saying that none of the restaurant chain’s nine southwest Florida locations suffered any physical damage.
Caribe Restaurant & Nightclub in Bonita, California, has told the Ninth Circuit that losses stemming from pandemic-related shutdown orders caused physical loss and damage, thus making it eligible for coverage under its insurance policy with Topa Insurance. Co.
Colony Insurance Co. has asked the Fourth Circuit not to revive the Skillets restaurant chain’s suit over losses suffered due to the COVID-19 pandemic. The insurer claims that the eateries’ properties suffered no physical damage so the company was not denied coverage.
Two COVID-19 coverage suits were dismissed on Tuesday when a federal judge in Texas ruled that a Minnesota dentist and Texas restaurant group failed to show they had suffered physical damage due to the COVID-19 pandemic.