Virus Exclusion Applicable due to Proximate Cause of Closure The United States Court of Appeals for the Ninth Circuit, applying California law, affirmed the district court’s dismissal of an insured’s claim for coverage of losses stemming from the state of California’s response to the COVID-19 pandemic. The insured, Mudpie Inc., operates a children’s retail store which shut down following the... Read More

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