No Physical Loss or Damage
Carrols Restaurant Grp. Inc. v. American Guarantee and Liability Insurance Co., No. 815430/2021 (N.Y. Sup. Ct., Erie Cnty. Nov. 4, 2022) In this COVID-19 litigation, the New York Supreme Court, Erie County, granted MCWG client American Guarantee and...
“Residence Premises” Exclusion
Pik Wan Wong et al v. Integon National Ins. Co. et al, 510422/2022 (Sup. Ct., Kings Co. Oct. 31, 2022) In this property insurance coverage dispute the Plaintiffs sued Integon to recover under the insurance policy for fire damage to a structure located...
No Direct Physical Loss or Damage / COVID-19
Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company. Plaintiff alleged that the presence of COVID-19 physically damaged property by...
No Direct Physical Loss or Damage / Contamination Exclusion
Wolverine World Wide v. Zurich American Insurance Company, docket No.: 21 CH 4457 (Circuit Court of Cook County, Illinois, Chancery Division July 21, 2022) On July 21, 2022, Judge Pamela McLean Meyerson of the Circuit Court of Cook County, Chancery...
No Direct Physical Loss or Damage / COVID-19
In Invision Development Group LLC v. Continental Casualty Company, the plaintiff, an entity that performs laser hair removals in Newark, DE, sued its insurer, Continental Casualty Company, for COVID-19 related business income losses under a policy that...
No Physical Loss or Damage
New Jersey Superior Court Judge Steven Polansky awarded a full dismissal of COVID-19 business interruption claims. The policyholder failed to show that the presence of COVID-19 caused physical loss or damage required to qualify for coverage. “The...
Attorneys representing the victims of the 2021 Champlain Towers South condo collapse secured $1B+ in proposed settlements with defendants. June 24 will be the one-year anniversary of the collapse. In response to the announcement, Judge Michael Hanzman...
A five-judge panel dismissed $3 million in property coverage claims. Caused by nearby construction, the damage to the policyholder’s building falls under an earth movement exclusion which disqualifies it from coverage. Partner Kevin Buckley,...
Prompt Notice
Earth Movement Exclusion
Sholosh v. National Union Fire Ins. Co. of Pitt. PA, et al, 519825/2018 (Sup. Ct., Kings Co. April 25, 2022) This litigation involves Plaintiff’s insurance claims for alleged damage to its building from neighboring excavation and underpinning work....
A NY judge dismissed coverage claims against Wesco Insurance Co. The ruling aligns with decisions in a growing majority of cases in which plaintiffs are unable to prove that the presence of COVID-19 caused tangible damage to property. Partner Kevin...
Davied Zvi Van Der Velde v. New York Property Insurance Underwriting Association, 2019-11557 (App. Div. 2d Dept., May 18, 2022) Plaintiff sued New York Property Insurance Underwriting Association (“NYPIUA”) for coverage of water damage to...
San Jose Sharks, et al. v. Starr Surplus Lines Insurance Company In San Jose Sharks, et al. v. Starr Surplus Lines Insurance Company, et al., the California Superior Court dismissed all claims against MCWG client Starr Surplus Lines on the grounds that...
Clourine Sealey v. National General Insurance Co. et al, 506107/2020 (Sup. Ct., Kings Co. Feb. 10, 2022) In this property insurance coverage dispute the plaintiff sued National General four days before the suit limitation period expired. National...
Boomerjack’s Grill & Bar v. The Members of the Owners First Property Association, docket No.: 3:21-CV-01022-X (U.S. Dist. Ct., N.D. Tex. Feb. 3, 2022) On February 3, 2022, Judge Brantley Starr of the U.S. District Court for the Northern District of...
Covid 19/No Physical Loss or Damage
SFMB Management v. Starr Surplus Lines Insurance Co., docket No. 653203/2021 (Supreme Court of the State of New York, New York County, January 20, 2022) On January 20, 2022, the Supreme Court of the State of New York’s Justice Debra James granted MCWG’s...
Enforcement of Arbitration Agreement
CLMS Management Services Limited Partnership; Roundhill I, LP v. Amwins Brokerage of Georgia, LLC; CJW & Associates, Inc.; Certain Underwriters at Lloyd’s MCW&G recently received confirmation from the United States Supreme Court that a...
Flood exclusion applies / Builder’s Risk
Shea Properties Management Co., et al. v. The Continental Insurance Company, et al., Case No. SA CV 21-00514, 2021 WL 4815208 (C.D. Cal. June 29, 2021) U.S. District Judge David O. Carter dismissed the complaint in a $4.5 million builder’s risk...
