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

September 22nd, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , |

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 [...]

Charlie Kingdollar on Emerging Issues Facing the Property & Casualty Insurance Industry

March 17th, 2021|Categories: HB Emerging Law Notes, HB Tort Notes|Tags: , , , , , , , , |

Emerging Issues Facing the Property & Casualty Insurance Industry: What Has, What Is, What Will Be Charlie Kingdollar was Emerging Issues Officer for GenRe where he worked for 40 years, much of which was spent monitoring hundreds of new risks at any given time. In this article, Charlie discusses risks that have long-since emerged but continue today, risks that are starting to reveal themselves, and risks just starting to appear on the horizon. Read or download his article published in the latest issue of the Journal on Emerging Issues in Litigation.

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