Rosebud Case and Other Recent Dismissals N.D. Ill. / COVID-19: Rosebud Restaurants Fail to Allege Physical Loss or Damage Resulting from COVID-19 Pandemic The United States District Court for the Northern District of Illinois, in an opinion written by Judge Kendall, applying Illinois law, granted the insurer’s motion to dismiss for failure to state a claim against insured Rosebud Restaurant, Inc.... Read More

No Coverage for Conversion, Nuisance, and Trespass The United States Court of Appeals for the Seventh Circuit, in an opinion written by Judge Kanne, applying Illinois law, affirmed the grant of judgment on the pleadings in favor of the insurer finding that the insurer had no duty to defend common law claims arising out of TCPA-violating conduct. The insured, Mesa... Read More

No Fiduciary Relationship Between Broker and Client The United States District Court for the Southern District of Texas approved and adopted a magistrate judge’s recommendation, applying Texas law, that an insurance broker’s motion to dismiss the insured’s claims of negligence, breach of fiduciary duty, fraud, breach of contract, and negligent or intentional misrepresentation be granted, holding that the insured did... Read More

Statute Allows Recovery from Long-Dissolved Companies In June 2021, Oregon Governor Kate Brown signed into law HB 2337, which amended an Oregon corporate law that requires claims against dissolved corporations and limited liability companies to be filed within five years of dissolution to now include an exception for any claims that can be satisfied in full or in part by... Read More

Similar Complaints Against a Single Individual is a “Single Claim” The Illinois Appellate Court for the Fifth District, in an opinion written by Justice Barberis with Justices Moore and Vaughan concurring, applying Illinois law, reversed the judgment of the circuit court denying the insurer’s motion to dismiss, holding instead that an insurer has no duty to defend and indemnify the... Read More

Workers’ Compensation Coverage Not Preempted by Federal Drug Laws The Supreme Court of New Hampshire, applying New Hampshire law, reversed and remanded a determination by the New Hampshire Compensation Appeals Board that an insurer cannot be ordered to reimburse an employee for his purchase of medical marijuana because such reimbursement would constitute aiding and abetting his commission of a federal... Read More

Initial Disclosure of Umbrella Not Required The Illinois Appellate Court for the First District, in an opinion written by Justice Lampkin with Justices Reyes and Martin concurring, applying Illinois law, affirmed the judgment of the circuit court holding that insurers were not required to disclose the existence of an umbrella insurance policy in response to a demand under section 143.24b... Read More

Loss of Intended Use Due to COVID-19 Not “Direct Physical Loss” The United States District Court for the Northern District of Illinois, in an opinion written by Judge Ellis, applying Illinois law, granted Continental Insurance Company’s (“Continental”) motion to dismiss Park Place Hospitality, LLC d/b/a Hilton Garden Inn Milwaukee Northwest Conference Center’s (“Park Place”) claims for breach of contract... Read More

Allegation of a “Wrongful Act” Triggers Coverage The United States Court of Appeals for the Seventh Circuit, in an opinion written by Judge Kanne, applying Indiana law, affirmed the decision of the District Court that The Medical Protective Company of Fort Wayne (“MedPro”) was covered under a $5 million Insurance Company’s Professional Liability Insurance policy with American International Specialty... Read More