Member Article

• Policyholders Pump Out Another COVID-19 Litigation Victory
  A Pennsylvania trial court denied an insurer’s early attempt to lunge out of coverage for COVID-19 business interruption losses suffered by a fitness center, stating it would be premature for the court to resolve factual determinations the insurer raised in its demurrer. Ridley Park Fitness, LLC v. Philadelphia Indemnity Insurance Co., No. 200501093 (Pa. Ct. Com. Pl. Aug. 13, 2020).
  
  
• Florida Court Upholds Coverage for Doctor Office’s COVID-19 Insurance
  In another win for policyholders, the United States District Court for the Middle District of Florida on September 24, 2020 denied Sentinel Insurance Company’s motion to dismiss the policyholder doctor office’s claim for COVID-19 related business interruption coverage.  Urogynecology Specialist of Florida LLC v. Sentinel  Insurance Company Ltd., Case No.: 6:20-cv-1174-Orl-22EJK (M.D. Fla. Sept. 25, 2020). The court engaged in a true analysis of the policy’s virus exclusion language, finding that the insurer had not met its burden of showing that its proposed reading of the exclusionary language is the only reasonable interpretation.
  
  
• First Judgment Upholding Coverage for COVID-19 Business-Interruption Losses
  In a resounding victory for policyholders, a North Carolina court ruled that “all-risk” property insurance policies cover the business-interruption losses suffered by 16 restaurants during the COVID-19 pandemic.  North State Deli, LLC v. Cincinnati Ins. Co., No. 20-CVS-02569 (N.C. Sup. Ct., Cty. of Durham, Oct. 7, 2020).  This is the first judgment in the country to find that policyholders are, in fact, entitled to coverage for losses of business income resulting from the COVID-19 pandemic.  Equally important, the decision illustrates that a proper analysis of the operative policy provisions requires this result.
  
  

Other interesting articles posted this month were:

• PA Judge Takes A Step in the Right Direction Refusing Dismissal of COVID-19 Claim
  
  
• Insurance Companies Drop Appeal Against the London High Court’s Ruling in the FCA’s “Test-Case”
  
  
• Georgia Court Says “Au Revoir” to Henry’s Louisiana Grill’s COVID-19 Business Interruption Claim
  
  
• MDL Panel Denies Consolidation for COVID-19 Insurance Cases for All Insurers (with One Exception)
  
  
• English High Court Finds That Business-Interruption Insurance Can Cover COVID-19 Losses
  
  
• Setting the Correct Prism for Construing Policy Language in COVID-19 Business Interruption Cases Can Be Outcome Determinative
  

For insurance recovery analysis, visit the Hunton Insurance Recovery Blog at www.huntoninsurancerecoveryblog.com.