Barry Zalma | Zalma on Insurance Additional Insured Endorsement Insures Lessor for Slip and Fall in Parking Lot Serving Property Leased When the use of the property as a gas station / convenience store depended on customers’ ability to ingress and egress through the attached parking lot – even though the lessees’ lease did not… Continue reading The Ancient “But For” Test Controls Coverage Dispute
Tag: insurance coverage
COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Gregory D. Podolak | Saxe Doernberger & Vita Late last week, a Missouri federal district court provided a significant victory for insurance policyholders for COVID-19 losses. In Studio 417, Inc. v. The Cincinnati Insurance Company 6:20-cv-03127-SRB (W.D. MO, So. Div., Aug. 12, 2020), the Court was called upon to decide whether allegations involving the presence of COVID-19… Continue reading COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding
Tred R. Eyerly | Insurance Law Hawaii The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso’s Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020). … Continue reading Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding
VSC Rules “Date Of Loss” Not Ambiguous
Walter Judge | Downs Rachlin Martin Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year limitations period in the homeowners policy for bringing suits against the insurer, was… Continue reading VSC Rules “Date Of Loss” Not Ambiguous
Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
Jeff Clare | Gravel 2 Gavel As the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining… Continue reading Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside