A brief filed by the State of North Carolina1 acting through its Attorney General recited a number of basic insurance contract interpretation rules. Public policy supporting these rules is not often reflected in briefs, but North Carolina made a point of discussing those.
Continue Reading North Carolina Insurance Contract Interpretation and Philosophies of Insurance As Explained By The State of North Carolina
The Louisiana Court of Appeals found that coverage exists for loss or damage caused by “direct physical loss of or damage to” the insured premises as a result of contamination by COVID-19.1 I have previously discussed the case following the trial in Chip At @2 Will Be At 2:30 With Update on New Orleans Oceana COVID Trial Won By the Insurer, and attached briefs and various depositions. John Houghtaling and other attorneys representing the policyholder deserve a big shout-out for bringing home a win. It was not easy.
Continue Reading Louisiana Appellate Court Finds Coverage For Covid Business Losses
The litigation over lost income to businesses caused by Covid-19 has been raging for three years. A recent law review article1 provides a good summary of this litigation and arguments for coverage from the policyholder view.
Continue Reading Where Did the Term “Physical” Come From In Business Income Form Policies?
While I was reading a Wisconsin Supreme Court decision cited in my post, Is Bat Infestation and Damage Covered Under A Homeowners Policy?, I noted that the same court held Covid 19 does not make property suffer physical loss or damage.1
Continue Reading Wisconsin Supreme Court Rules Covid Does Not Cause Physical Loss or Damage
Don Malecki was an insurance coverage guru. He wrote many treatises regarding insurance coverage. He was respected and a much sought-after insurance coverage expert. Malecki wrote an article in an insurance agent publication, Rough Notes, entitled, Troubled Terminology: “Risks of Direct Physical Loss” Wording Is Currently Read Broadly By Courts.1 He noted that most policyholders do not understand the basic meaning of “risks of direct physical loss”:
Continue Reading The Troubled Understanding of “Risks of Direct Physical Loss”