In the last week, two federal district courts have denied insurers' motion to dismiss COVID-19 related lawsuits filed by insureds. The first court applied its previous definition of what constitutes a "physical loss" to hold the insureds stated a claim for relief while the other court found there was no binding state law case interpreting the policy's Virus Exclusion allowing it to make a coverage decision on a motion to dismiss. ... Continue Reading
We are excited to announce the launch of our COVID-19 webinar series where our attorneys will discuss the legal impacts of COVID-19.
We are excited to announce the launch of our COVID-19 webinar series where our attorneys will discuss the legal impacts of COVID-19. ... Continue Reading
Karen Karabinos was quoted in Georgia Businesses Hope Lawsuits Will Trigger COVID Insurance Coverage, an article in the Atlanta Journal-Constitution. The article discusses the push from business owners who are attempting to collect pandemic related losses by filing property damage insurance claims. Karen cited Georgia's Case Law, as to why these filings aren't valid in Georgia. ... Continue Reading
Partners Karen Karabinos and Eric Mull were featured the August edition of the IADC Committee Newsletter. Karen and Eric provide guidance on how insurance company can prepare and possibly avoid bad faith claims being filed against them in COVID-19 related first party property lawsuits. ... Continue Reading
On August 6, 2020, Associate Judge Kelly A. Higashi of the District of Columbia Circuit rejected efforts by Plaintiffs, owners and operators of prominent restaurants in the D.C. area, to recover business income losses from their insurance carrier Erie Insurance Exchange after the mayor declared a state of emergency and a public health emergency. In various orders, the mayor prohibited table seating at restaurants and bars, then prohibited standing customers at restaurants, bars and ultimately closed all non-essential businesses. Erie denied their claims, prompting Plaintiffs to file a declaratory judgment action requesting the D.C. Court to hold that their losses were covered by the policies issued by Erie. ... Continue Reading