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D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from... Read More

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling... Read More

E.D. Cal. / DJ Stay

Coverage Case Stayed Because Same Factual Dispute in Underlying Case The United States District Court for the Eastern District of... Read More

1st Cir. / MA Pollution

“Special Hazards, Fluid Endorsement” Ambiguous – Total Pollution Exclusion Inapplicable The United States Court of Appeals for the First Circuit,... Read More

N.D. IL / Insufficient Notice

Insurer Failed to Provide Sufficient Notice of Non-Payment The United States District Court for the Northern District of Illinois, in... Read More

8th Cir. / D & O

No Coverage for Shareholder Suits Due to Relation-Back Clause  The Eighth Circuit Court of Appeals, applying Minnesota law, affirmed the... Read More

N.D. IL / COVID

Business Interruption Coverage Barred by Virus Exclusion The United States District Court for the Northern District of Illinois, in an... Read More

IL App 5th / Policy Interpretation

Policyholder has Burden to Prove Exception to Exclusion Applies The Illinois Appellate Court for the Fifth District, on an issue... Read More


Timeline

April 2021

D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]


Grid

D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]

E.D. Cal. / DJ Stay

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. The defendant insureds are also defendants in the underlying California state court action. Defendants sought to stay the case “to [...]


Medium

D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]


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D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]


Large Alt

D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]


Full

D.C. MO COVID / Pollution Exclusion

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington Insurance Company’s (“Lexington”) motion to dismiss while a Nevada State court judge denied defendant Starr Surplus Lines Insurance Company’s (“Starr”) [...]

N.Y. App.

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of the exterior façade, Sky VL Construction Corporation (“Sky VL”). Pofi, the general contractor, sought additional insured coverage related to a personal [...]