470 4th Ave. Fee Owner, LLC et al v. Wesco Ins. Co., 2021 WL 6097478 (N.Y.Sup.), 2021 N.Y. Slip Op. 32780(U) (Trial Order) (Sup. Ct. NY Co. Dec. 23, 2021) Plaintiffs alleged over $6.1M in damages for the insurance company’s denial of coverage for...
Business Income Loss / Covid-19; Microorganism Exclusion
Count Basie Theatre Inc. v. Zurich American Insurance Co., No. 21-615, 2021 WL 5980344 (D.N.J. Dec. 17, 2021) In Count Basie Theatre Inc. v. Zurich, the district court granted Zurich’s partial motion to dismiss, finding no coverage for the plaintiff’s...
Business Interruption / COVID-19
J. Kleinhaus & Sons, LLC v. Valley Forge Ins. Co., 2021 WL 5909978, No. 21 CIV 2202 (JPC), (S.D.N.Y. Dec. 14, 2021) Plaintiff, a diamond dealer, alleged that due to the pandemic and governmental closure orders, it was only able to conduct limited...
“Residence Premises” Exclusion
Mountain Valley Indemnity Co. v. Hylton et al., 2020 NY Slip Op 34347(U) (Sup. Ct. NY Co. 2020), aff’d 154 N.Y.S.3d 763 (Mem)2021 N.Y. Slip Op. 06768 (1st Dept. Dec. 2, 2021) This is an update to the lower court decision which was reported last...
Lawrence v. Jose Izalde Franco Gabriciano, Nandez Trucking, Integon General Ins. Co and National General Ins. Co., Index 525877/2020 (Sup. Ct. N.Y. Co. Dec. 2, 2021) This case arises out of a motor vehicle accident. Plaintiff asserted contractual and...
Business Interruption / COVID-19
VMSB and VM South Beach LLC v. Zurich American Ins. Co., No. 650590/2021 (N.Y. Sup. Ct., N.Y. Cnty. Nov. 10, 2021) In VMSB v. Zurich, Judge Barry Ostrager granted Zurich’s motion to dismiss the complaint, in which the plaintiff, the owner of the Villa...
In Raymours Furniture Co., Inc. v. Lexington Insurance Co. et al., No. 655167 2020, 2021 WL 4789148 (N.Y. Supr. Ct. N.Y. Cnty. Oct. 14, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the...
No Direct Physical Loss or Damage
In Wellpath Holdings, Inc. v. XL Insurance America, Inc., No. 54589 2021, 2021 WL 5165653 (N.Y. Sup. Ct. Westchester Cnty. Oct. 4, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice in a decision that explained that the presence...
Mondelez International, Inc. v. Zurich American Insurance Company, Circuit Court of Illinois, Cook County In this litigation arising out of alleged damage to the computer systems of Plaintiff Mondelez International, Inc. (“MDLZ”) from the NotPetya...
Chan Tien Yang v. Mountain Valley Indemnity Co. and National General Ins. Co., 725077/2020 (Sup. Ct., Queens Co., Sept 15, 2021) This case involved an insurance claim for alleged property damage as a result of a water pipe bursting. By decision dated...
Business Interruption / COVID-19
Crescent Hotels & Resorts, LLC v. Zurich Am. Ins. Co. and Interstate Fire & Casualty Company, No. 2021-02974 (Va. Fairfax Cnty. Aug. 18, 2021) In the first Commonwealth of Virginia COVID-19 ruling, Mound Cotton secured a victory on behalf of its...
No Direct Physical Loss or Damage
In Huntington Ingalls Industries, Inc. v. ACE American Insurance Co., No. 230-9-20 Frcv (Vt. Super. Ct. Franklin Cnty. July 30, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the COVID-19...
Suit limits clause in coverage dispute upheld
Farage v. Associated Insurance Management Corp., et al., 2021 NY Slip Op. 50653(U), 2021 WL 2908692SPACE(Sup. Ct., N.Y. Cnty. July 2, 2021) This case involved first-party property insurance coverage for fire damage to an apartment building located in...
Presence of COVID-19 is not requisite physical damage
Benny’s Famous Pizza Plus Inc. v. Security National Insurance Company, 2021 NY Slip Op. 31963(U), 2021 WL 2772403 (Sup. Ct. Kings Cnty. July 2, 2021) This case involved a business interruption claim for losses arising out of COVID-19 closures. By...
COVID-19 business income loss / NJ Federal Court
Marilyn’s Kids, Inc. d/b/a Denny’s v. Continental Casualty Company, Civil Action No. 20-8641, 2021 WL 4488598, (D.N.J. June 30, 2021) This case involved a claim for business income losses from COVID-19 under a first-party property insurance policy. The...
Law firm Napoli Shkolnik, PLLC sought coverage under professional liability insurance policies issued by Greenwich Insurance Company and Hudson Excess Insurance Company for a lawsuit filed against it in federal court in Maryland, alleging that it had...
ACON Investments v. Various Insurers MCWG represents a market of insurers that provided first-party property coverage to the insured, which made a claim for business interruption coverage arising out of damage to and closure of certain insured locations...
Direct physical loss or damage
6593 Weighlock Drive, LLC v. Springhill SMC Corp., 71 Misc. 3d 1086 (N.Y. Sup. Ct. Onondaga Cnty. 2021) In 6593 Weighlock Drive, the Court dismissed a breach of contract action against Mound Cotton’s client, Zurich American Insurance Company, on the...
Subject Matter Jurisdiction; Statutory Prohibition Exceptions Against Appeals
Peter Max v. Great American Security Insurance Co., No. A-42-19, 2021 WL 922106 (N.J. Super. Ct. App. Div. Mar. 11, 2021) In Peter Max v. Great American Security Insurance Co., the New Jersey Appellate Division dismissed an appeal from an order...
Property damage – water exclusion applies
180 Lafayette Corp. v. Wesco Ins. Co., et al., 2021 NY Slip Op 30230(U), 2021 WL 256631 (Sup. Ct., New York Co. Jan. 26, 2021) This case involved an insurance claim for property damage following water damage to plaintiff’s insured building that was...
