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Tag Archives: Insurance

All-risk policy doesn’t cover COVID-19 losses (access required)

Where Skillets’ insurer denied the restaurant chain reimbursement for COVID-19 related losses, neither the virus nor the Florida governor’s closure orders constituted a direct physical loss under an all-risk policy interpreted by Florida law because neither physically altered the restaurants. ...

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Single-subscriber insurance plan not covered by ERISA (access required)

Where the insurance plan covered only the law firm owner as an insured subscriber, it was not an “employee benefit plan” under the language in the Employee Retirement Income Security Act of 1974, and the Department of Labor’s regulatory interpretations. ...

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Plaintiffs may amend complaint to name correct corporate entity (access required)

Where the plaintiffs seeking coverage for the fire damage to their home failed to name the correct defendant within the time required, because the proper entity within the corporate family had notice of the suit and would not suffer prejudice, ...

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COVID-related spa closure could trigger ‘all risk’ coverage (access required)

Where an “all risk” policy included accidental or fortuitous “direct physical loss[es],” and it is plausible that a fortuitous “direct physical loss” could mean the property is uninhabitable, inaccessible or dangerous because of intangible or nonstructural sources, a spa that ...

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