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Tag Archives: Insurance

Business interruption policy doesn’t apply to COVID claim (access required)

Where a hospital failed to allege that the presence of SARS-CoV-2 droplets in the air and on surfaces in its facilities constituted physical alteration to its property, it wasn’t entitled to coverage under a business interruption policy. Background This matter ...

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Hospitals fail to trigger COVID closure coverage (access required)

Although hospitals lost revenue during the COVID-19 crisis because the Virginia governor banned certain elective and/or non-emergent procedures at their facilities, the “Interruption by Communicable Disease,” or ICD, endorsement provision provided no coverage. The ICD endorsement requires that the government ...

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Court resolves dispute over accident coverage (access required)

Although a driver involved in a motor-vehicle accident was simultaneously covered by insurance policies issued by separate carriers, because one policy provided primary liability coverage and the other policy provided excess coverage, the carriers did not have an equal pro ...

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Disability insurer erred in denying benefits (access required)

Where the only actual medical evidence in the administrative record concerning plaintiff’s condition are the opinions of his primary care physician and his orthopedic surgeon, both of whom opined that plaintiff was totally disabled, and the plan provided that totally ...

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Withdrawal of tender results in dismissal of coverage suit (access required)

Where policyholders withdrew their tender after their carriers filed a declaratory judgment action, the suit was not ripe for resolution and was dismissed. Because the court was unpersuaded that the carriers acted in bad faith, wantonly or for other oppressive ...

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