Covid-19 Insurance Coverage Disputes: Decisions on Physical Loss, Virus Exclusion
Robert Laurie Melicent Thompson Vince Vitkowsky Elizabeth Ahlstrand Elizabeth Hoff Covid-19 Insurance Update by Gfeller Laurie LLP: Insurers Ahead, Policyholder Scores One With the current exception of JGB Vegas Retail Lessee, LLC v. Starr Surplus Lines Ins. Co., insurers continue to prevail in the overwhelming majority of those cases with decisions based on the absence of direct physical loss or analogous coverage terms, or on the presence of virus exclusions, or both. As the decisions proliferate, there is a certain repetitiveness in the arguments and analyses. Therefore, the synopses below will address only the essential holdings and certain distinctive or otherwise interesting aspects of the decisions. Decisions Granting Motions to Dismiss Based on Lack of Direct Physical Loss or Damage Uncork and Create, LLC v. The Cincinnati Ins. Co., Civil Action No. 2:20-cv-00401, 2020 WL 6436948 (S.D. W. Va. Nov. 2, [...]