Closure Orders did Not Trigger Communicable Disease Coverage The United States Court of Appeals for the Sixth Circuit, applying Ohio law, affirmed the district court’s dismissal of an insured’s claim for coverage of losses stemming from the prevalence of the COVID-19 pandemic. The insured, Dakota Girls, LLC, operates a number of private preschools which were forced to close after the... Read More

Case Dismissed Because Physical Loss Allegations Conclusory The United States District Court for the Northern District of Illinois, in an opinion written by Judge Alonso, applying Illinois law, dismissed an insured’s claim for coverage for business income losses resulting from the COVID-19 pandemic. The insured, Jump Buffalo Grove, LLC, argued that the virus caused physical loss or damage to their... Read More

Injunction Against Parallel CA Coverage Overbroad The Supreme Court of Appeals of West Virginia, applying West Virginia law, affirmed the circuit court’s authority to enter an anti-suit injunction against parallel coverage litigation regarding opioids pursued in California, but also held that the injunction itself was overbroad, constituting an abuse of discretion. The Supreme Court accordingly remanded the case for clarification... Read More

Defense Duty for Additional Insured Because “Willful and Wanton” Not an Independent Tort   The Appellate Court of Illinois, Second District, in an opinion written by Justice Jorgensen, applying Illinois law, affirmed the circuit court’s grant of summary judgment in favor of an additional insured, Community Unit School District 300 (the “District”), holding that the insurer, West Bend Mutual Insurance... Read More

Amalia Rioja Joins Hoke LLC as Partner: “We are thrilled and humbled to have Amalia’s unrivaled blend of litigation, government and civic achievements on the Hoke LLC team.“ Read More »1st Cir. / ERISA: Insurer Requirement of Evidence of Functional Limitations Reasonable in Determining Applicability of Self-Reported Symptoms Limitation. Read More »N.D. Ill. / Medicare: Settlement Payments for Allegations of Fraud Insurable... Read More

Amalia Rioja Joins Hoke LLC as Partner: “We are thrilled and humbled to have Amalia’s unrivaled blend of litigation, government and civic achievements on the Hoke LLC team.” Read More »Fed. N.C. / BIPA: Recording and Distribution of Material or Information Exclusion Applies to IL BIPA Violations. Read More »E.D. Wis. / Excess Coverage: Eaton Asbestos DJ Against High-Level Excess Insurers Not Ripe.... Read More

Rob Muriel to Moderate COVID Insurance Panel for Hispanic National Bar Association: “COVID-19 Insurance Litigation Forecast,” 2021 Annual Hispanic National Bar Association Convention, September 29, 2021. See https://hnba.com/2021-hnba-annual-convention/.7th Cir. / Med Mal: Allegation of a “Wrongful Act” Triggers Coverage. Read More »N.D. IL / COVID: Loss of Intended Use Due to COVID-19 Not “Direct Physical Loss”. Read More »Ill App 1st: Initial Disclosure of Umbrella Not Required. Read... Read More

Coverage Case Stayed Because Same Factual Dispute in Underlying Case The United States District Court for the Eastern District of California, applying California law, ordered a stay of the coverage case until the underlying state court action concludes. The coverage case involves an insurance coverage dispute between New York Marine & General Insurance Company (“New York Marine”) and its insureds.... Read More

“Special Hazards, Fluid Endorsement” Ambiguous – Total Pollution Exclusion Inapplicable The United States Court of Appeals for the First Circuit, applying Massachusetts law, reversed the district court’s finding that the relevant excess policy provisions unambiguously excluded coverage and ordered entry of judgment in favor of Performance Trans., Inc. and Utica Mutual Insurance Company (collectively “PTI”) on its breach of contract... Read More

Insurer Failed to Provide Sufficient Notice of Non-Payment The United States District Court for the Northern District of Illinois, in an opinion written by Judge Matthew Kennelly, applying Illinois law, granted Ryan and Sean Harwick’s (“Plaintiffs”) motion for summary judgment in a lawsuit against AXA Equitable Life Insurance Company (“AXA”) finding that the nonpayment notice provided by AXA did not... Read More