covid coverage Archives

Covid Insurance Coverage Decisions with Guest Marshall Gilinsky. Are Policyholders Catching Up?

According to the online Covid Coverage Litigation Tracker (CCLT) run by Penn Law there have been more than 2,300 insurance coverage cases filed over denial of claims relating to Covid-19. Restaurants and bars were hardest hit by the pandemic and so led the way in seeking – and being denied – coverage, too. They are also leading the way in suing their insurers. The top five insurers in the defense position are Chubb Limited at #5, then #4 Lloyds of London, #3 Cincinnati Financial, and #2 Zurich. And in the #1 position facing the most coverage suits is Hartford. The insurance industry started off strong when this litigation began, winning the vast majority of the coverage suits. And they continue to do well, scoring with the argument that many of the claims do not involve actual property damage. Government closures don’t cause property damage, they argue. Courts have largely been siding with the carriers – but not all. Policyholders, a tenacious bunch, appear to be chipping away at the body of law in this suddenly expanding category. A recent case involving a New Orleans restaurant against Lloyd’s was penciled into the win column for carriers by a trial court , but an appeals court erased it and wrote the policyholder a narrow 3-2 victory. The appeals court said the language [...]

Melicent Thompson on Coverage for Covid-19 Business Income Losses

March 23rd, 2021|Categories: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|Tags: business income losses, Business Interruption, covid coverage, emerging litigation, gfellar laurie, melicent thompson|

Melicent B. Thompson on COVID-19 Coverage Abstract COVID-19 indisputably has taken an enormous economic toll. Governmental shutdown orders early in the pandemic and ongoing restrictions on business’ operations have resulted in a flood of claims for insurance coverage for business income losses attributable to those orders and restrictions. This article reviews the litigation and legislative developments directed at attempting to find insurance coverage for such losses and the reasons why those efforts have been unsuccessful for the most part. Author Melicent B. Thompson (mthompson@gllawgroup.com) is a Partner with the law firm Gfeller Laurie, LLP, in West Hartford, Connecticut. She thanks her fellow Gfeller Laurie, LLP attorneys who contributed to this article. Melicent has close to 25 years of experience in litigation and corporate counseling. She actively practices in Connecticut and Georgia courts in insurance coverage, business disputes, professional liability claims, defense of educational and financial institutions and general liability. Her insurance coverage practice encompasses all areas of first and third party claims and related litigation services, including declaratory judgment actions, defense of bad faith claims and reinsurance matters. Melicent has substantial appellate court experience, having briefed and argued appeals before the Second Circuit Court of Appeals and the Connecticut Supreme and Appellate Courts. Her pro bono work includes serving as General Counsel to the Board of Directors of Gifts [...]