The nation’s first final ruling on Potential Pandemic Coverage

[marindependent]

"A trial court judge in Lansing, Michigan handed a victory to insurers in what may be the nation's first final ruling on the question of whether a property insurer is liable for financial damages caused by a coronavirus closure order.

Judge Joyce Draganchuk of Michigan's 30th Circuit Court ruled verbally on July 1 that some tangible alteration to a property is required to trigger coverage. What's more, a virus exclusion in the property insurance policy would have barred coverage even if the claimants had alleged the virus did cause physical damage, the judge said."

Read the rest of the Insurance Journal article here:
State Judge Rejects Michigan Restaurants' COVID-19 Business Interruption Claim

 

[shawnmwalker]

Marinedependent, What do you do all day....besides play on Insurance Forums?

 

[marindependent]

Sell Insurance, Watch Kids, Follow Insurance News: Repeat.

 

[marindependent]

"The insurance industry has notched another victory in its defense of its commercial insurance policies against claims for business interruption due to the coronavirus.

In a case brought by the owner of several restaurants against its insurer over business interruption due to the coronavirus shutdown ordered by the mayor, a District of Columbia Superior Court judge has sided with the insurer, ruling that the restaurants' insurance policy is not triggered because the shutdown did not amount to direct physical loss."
D.C. Judge Rules For Insurer, Dismisses Restaurants' Business Interruption Claims

 

[adjusterjack]

The decision was appropriate. The "direct physical loss" requirement has been upheld by the courts for a long, long time.

I guess somebody had to bring a test case regarding the corona virus.

 

[OregonDave]

Interesting. In addition to insurance lead gen for my agency I also generate claimants for mass torts. I've been telling clients to be careful with the BI cases due to the likelihood of the cases being defensible. Sounds like my legal eagles made the right decision.

 

[TwiLight]

I believe there will be a bunch of liability claim victories and work comp claims by victims of Covid 19.

Hard to defend a claim if you got the virus at work. Many States are declaring disaster zones to fend off the litigation that is coming.

Skipper

 

[somarco]

Sell Insurance, Watch Kids, Follow Insurance News: Repeat.

Mr. Mom?

 

[Markthebroker]

Marinedependent, What do you do all day....besides play on Insurance Forums?

There's other stuff to do other than talk about 'surance on here?

 

[marindependent]

Here is a solid update from the WS Journal:
"U.S. property insurers have won a flurry of judicial rulings backing up their rejections of claims for businesses' lost income during government-ordered shutdowns, dimming policyholders' hopes of payments to help them rebound.
In recent weeks, insurers have won more rulings than policyholders as the courts begin to work through more than 1,000 Covid-19 business-interruption coverage disputes.

Still, policyholders scored success in a federal court in Missouri, boosting efforts to interpret property insurance as covering claims from the coronavirus.
...."