COVID-19 Coverage Suits · The Cincinnati Casualty Co. Venue: Indiana, Marion County Pltf Atty:...

COVID-19 Coverage Suits

Case Name: French Laundry v. The Hartford & Karen Relucio (Napa County Health

Officer)

Venue: California, Napa County

Pltf Atty: Dickenson, Peatman & Fogarty (Napa, Calif.)

Gauthier Murphy & Houghtaling (Metaire, LA)

Claim: Fancy restaurants forced to close b/c of order of Civil Authority by county

health commissioner

Coverage: All risk policy; covered cause of loss means direct loss or direct physical

damage (¶16); “property Choice Deluxe Form specifically extends coverage

to direct physical loss or damage caused by virus” (¶17); the deadly virus

physically infects and stays on surfaces of objects or materials, “fomites,”

for up to twenty-eight days (¶20); “The Order specifically states that it is

being issued on evidence of physical damage to property…in the

immediate area of the Insured Properties.” (¶23)

Suspension: Order has caused a shutdown; no access to insured properties;

acknowledges that it could be open for takeout and delivery

Relief: DJ

Case Name: Cajun Conti, LLC et al v. Lloyds, Gov. Edwards

Venue: Louisiana, Orleans Parish

Pltf Atty: Gauthier Murphy & Houghtaling (Metaire, LA)

Davillier Law Group (New Orleans, LA)

Claim: Well-known French Quarter restaurant forced to close b/c of order of Civil

Authority by Gov.


damage (¶14); no virus exclusion (¶15); “the deadly virus physically infects

and stays on surfaces of objects or materials, “fomites,” for up to twenty-

eight days” (¶21); contamination is a direct physical loss (¶23); unclear if

restaurant is exempt; expect more restrictive orders;

Suspension: N/A (No suspension indicated).

Relief: DJ

Case Name: Chickasaw Nation Department of Commerce v. Lexington Ins. Co. et al.

Venue: Oklahoma, Pontotoc County

Pltf Atty: Whitten Burrage Law Firm (Oklahoma City, OK)

Claim: Commercial business and service losses due to the United States becoming

infected by COVID-19.

Coverage: All risk policy; include business interruption, interruption by civil authority,

limitations of ingress and egress, and extra expense. (¶15)

Suspension: Speculative

Relief: DJ

Case Name: Barbara Lane Snowden d/b/a Hair Goals Club v. Twin City Fire Ins. Co.

Venue: Texas, Harris County

Pltf Atty: The Loyd Law Firm, P.L.L.C. (San Antonio, Texas)

Claim: Salon closed due to Harris County Order; unfair settlement practices

(misrepresentation, prompt payment)

Coverage: Terms not alleged

Suspension: Harris County Order due to Covid-19 outbreak.

Relief: DJ, damages, statutory bad faith, common law bad faith, penalty interest,

attorney’s fees

Case Name: Big Onion Tavern Group, LLC et al. v. Society Insurance, Inc.

Venue: USDC, ND of Ill.

Pltf Atty: King & Spalding LLP (Chicago, IL & Atlanta, GA [pro hoc vice])

Claim: Restaurants and movie theatre owners claim losses due to government

Closure Orders; bad faith for blanket denials “often within hours of

receiving Plaintiffs’ claims—without first conducting . . . a ‘reasonable

investigation based on all available information’”; prospective denial b/c

virus is not physical loss

Coverage: All risk policy (¶37); lack of virus exclusion = coverage for virus (¶¶9-11,

38); “suspension” defined as “(1) ‘the partial slowdown or complete

cessation of your business activities’” (¶40); “Civil Authority” coverage,

covering “the loss of Business Income and necessary Extra Expense

sustained by Plaintiffs ‘caused by action of civil authority that prohibits

access’ to Plaintiffs’ insured premises.” (¶44, accord ¶¶ 2, 5); Civil

Authority triggered when “non-excluded cause results in ‘damage to

property other than property’ at the Plaintiffs’ premises, and is intended to

cover losses resulting from governmental actions ‘taken in response to

dangerous physical conditions.’” (¶45); physical damage (¶47)

Suspension: Halt to ordinary operations due to Executive Order(s) 2020-07 and 2020-10

of Illinois Governor Pritzker first closing all restaurants, bars, and movie

theaters to the public and then all “non-essential businesses”

Relief: DJ, breach of contract, statutory bad faith

Case Name: Outerlands, Inc. v. Truck Ins. Exch., and DOES 1 through 50

Venue: California, San Francisco County

Pltf Atty: Sanjiv N. Singh (San Mateo, CA)

Indrajana Law Group (San Mateo, CA).

Claim: Owner of a “cherished restaurant of the Sunset District” alleges bad faith

denial of business income loss claim due to stay-at home order. Upon initial

telephone call with Defendant, claims representative indicated likelihood

that claim would be denied, seemingly at instruction of upper management

(¶25); disclaimer within three days via email “in a formulaic, cut-and-paste

fashion” (¶27).

Coverage: Coverage “for lost business income which occurs during the policy period”

(¶10); “additional coverages including but not limited to loss of business

income due to Civil Authority or civil ordinances.” (¶11); actual loss of

Business Income you sustain and necessary Extra Expense caused by action

of civil authority that prohibits access to the described premises due to direct

physical loss of or damage to property, other than at the described premises,

caused by or resulting from any Covered Cause of Loss.” (¶ 12); property

damage from fomite adhering to surfaces (¶16);

Suspension: Health Department shelter in place (March 17-April 7); California stay at

home order, March 19, 2020. Kept doors open despite substantial revenue

reductions

Relief: Breach of contract, bad faith, declaratory relief, Cal. §17200

Case Name: Billy Goat Tavern I, Inc. et al. v. Society Insurance (Illinois Class Action)


Pltf Atty: Duncan Law Group, LLC (Chicago, IL)

Claim: Restaurant Class seeks coverage for business income loss b/c Civil

Authority Order limiting to take-out; bad faith denial of all claims for lack

of Direct Physical Loss

Coverage: all risk (¶27); “Businessowners Special Property Coverage Form”; agree to

“pay for direct physical loss of or damage to Covered Property at the

premises described in the Declarations caused by or resulting from any

Covered Cause of Loss.” (¶32); “Covered Causes of Loss” means “Direct

Physical Loss unless the loss is excluded” (¶33); no definition of “direct

physical loss” (¶35); agreed to “pay for the actual loss of Business Income

you sustain due to the necessary suspension of your "operations" during the

"period of restoration". The suspension must be caused by direct physical

loss of or damage to covered property at the described premises.” (¶36); no

virus exclusion (¶37)

Suspension: Restaurants limited to take-out only; loss of dine-in revenue

Relief: DJ, breach of contract, punitive damages [statutory bad faith damages are

capped at $60,000 Illinois, but the first-party bad faith statute is not

pleaded.]

Case Name: Prime Time Sports Grill, Inc. v. Lloyd’s

Venue: USDC, MD of Fla.

Pltf Atty: Duncan Law Group, LLC (Chicago, IL)

Claim: Restaurants forced to close b/c of order of Civil Authority by Governor

Coverage: All risks; “Loss of business Income and operating expenses is specifically

covered under the policy, and governmental suspension as a result of

COVID-19 is not specifically excluded.” (¶3); “Commercial Property CP

10 30 10 12”; DENIAL LETTER: “There is no evidence that your business

operations have been suspended because of a direct physical loss”; “In

addition, Business Income coverage is provided when you sustain a loss due

to ‘Civil Authority.’ However, this coverage is only afforded when there

has been direct physical damage to your property or to an adjacent property

(property within one mile of your property)”; “There is no evidence that

there has been physical damage to your property or to an adjacent property

according to the Civil Authority directed by your government.” (Exh. 2).

Suspension: Closed restaurant following stay-at home order

Relief: DJ

Case Name: Indiana Repertory Theatre, Inc. v. The Cincinnati Casualty Co.

Venue: Indiana, Marion County

Pltf Atty: Plews Shadley Racher & Braun LLP (Indianapolis, IN)

Claim: Largest professional nonprofit theatre in Indiana seeks coverage for

business income loss following order suspending gatherings of more than

250 people, then 50 people, then closing theaters, necessitating cancelling

of season

Coverage: all risks coverage (¶19); should be coverage for loss sustained due to the

necessary suspension of operations; DISCLAIMER “there must be direct

physical loss or damage to Covered Property caused by a covered cause of

loss. . . . Direct physical loss or damage generally means a physical effect

on Covered Property, such as a deformation, permanent change in physical

appearance or other manifestation of a physical effect….the pandemic,

without more, is not direct physical loss to property” (¶22); policy does not

define direct physical loss or damage (¶23); complete loss of use is a ‘direct

physical loss.” (¶23); no virus exclusion (¶24);

Suspension: Various Civil Orders force cancelling of theater season

Relief: DJ

Case Name: SCGM, Inc. et al. v. Lloyd’s

Venue: USDC, SD of Tex.

Pltf Atty: Hawash Cicack & Gaston LLP (Houston, Texas)

Claim: Movie theatre and restaurant chain seek coverage under “Pandemic Event

Endorsement” for business losses due to constructive closure following

Executive Order restricting gatherings to less than ten people; anticipatory

breach of contract, and bad faith

Coverage: Stand-alone Pandemic Event Endorsement; “Pandemic Event” defined as

“the announcement by a Public Health Authority that a specific Covered

Location is being closed as a result of an Epidemic declared by the [CDC]

or [WHO].” (¶ 8); Underwriters advisory to brokers reads: “As a reminder,

there is no coverage… under the Pandemic Event Endorsement as [COVID-

19] is not a named disease on that endorsement.” (¶21); “Covered Disease”

includes “SARS-CoV”, and its “mutations, or variations” (¶23);

Suspension: March 17 guidance results in voluntary closure; March 19 Executive Order

issued by Texas Governor Abbott restricts gatherings to less than ten

people; Texas Department of State Health Services proclamation of March

19.

Relief: DJ, common law bad faith, statutory bad faith, punitive damages

Case Name: Mace Marine Inc. v. Tokio Marine Specialty Ins. Co.

Venue: Florida, Monroe County

Pltf Atty: The Landau Law Group, P.A. (Boca Raton, FL)

Law Offices Of Thayer A. Musa (Miami, FL)

Claim: Dive shop seeks coverage for loss of business income b/c of order of civil

authority closing hotel, RV, and vacation rental properties and other travel

restrictions prohibited scuba diving enthusiasts from reaching insured; later

order closed dive shop as a non-essential business; extra expense to sanitize

equipment and property; bad faith as set forth in the Civil Remedy Notice

(boilerplate)

Coverage: all risks coverage (¶38); Policy contains coverage for acts of civil authority,

business income losses and extra expense (¶¶20, 33); “the presence or

danger of COVID-19 on property renders that property unusable and non-

functioning until such time as the property is sanitized.” (¶28); pandemic is

not excluded type of risk (¶39)

Suspension: Emergency Directive prevented customer’s ingress to the insured property;

later order required closure of non-essential dive shop


Case Name: Sandy Point Dental PC v. The Cincinnati Insurance Company et al.


Pltf Atty: Charles Aaron Silverman PC (Skokie, IL)

Claim: Dentist seeks loss of business income for suspension of non-emergency

treatment (95%) b/c of Civil Order due to COVID-19

Coverage: Civil Authority: We will pay the actual loss of "Business Income" you

sustain and "Extra Expense" you incur caused by action of civil authority

that prohibits access to the "premises" due to direct physical "loss" to

property, other than at the "premises", caused by or resulting from any

Covered Cause of Loss.”; no virus exclusion; Illinois law holds that the

presence of a dangerous substance constitutes physical loss or damage

(¶16); DISCLAIMER: “From a Civil Authority cause of loss perspective,

there must be direct physical damage from a covered proper cause of loss

that eliminates access to your property.”

Suspension: Executive Order “left dental offices able to do emergency work but not

routine work.” Plaintiff has been forced to halt ordinary operations and is

effectively shut down, resulting in substantial lost revenues


Case Name: Sharecropper LLC v. Farmers Ins. Exchange, Inc.

Venue: Alabama, Jefferson County

Pltf Atty: Wallace Jordan Ratliff & Brandt, LLC (Birmingham, AL)

Claim: Top ten best restaurant forced to close to dine-in customers b/c of order of

Civil Authority; insured did not offer deliver or take-out service but created

a curb-side pickup process

Coverage: all risk policy providing coverage for direct physical loss of or damage to

Covered Property not expressly excluded (¶21); “Business Owners Special

Property Coverage Form” “will pay for direct physical loss of or damage to

Covered Property at the premises described in the Declarations caused by

or resulting from any Covered Cause of Loss.” (¶21); DISCLAIMER: no

direct physical loss or damage to property; order of civil authority not due

to direct physical loss or damage to other property; virus exclusion.

Suspension: Restaurant limited to curb-side pickup

Relief: DJ

Case Name: Proper Ventures, LLCs v. Seneca Insurance Company, Inc. and District of

Columbia

Venue: District of Columbia

Pltf Atty: The Veritas Law Firm (Washington, D.C.)

Claim: Elevated sports bar in downtown D.C. seeks coverage for loss of business

income due to the Order of the District of Columbia prohibiting table

seating or service.

Coverage: "Business Income (and Extra Expense) Coverage Form. (CP 00 30 10 12)

(¶14); "suspension" defined as “The partial or complete cessation of your

business activities” (¶18); “civil authority” coverage – “caused by action of

civil authority that prohibits access to the described premises” due to

damage creating dangerous physical condition (¶22); contains virus

exclusion (¶23); DISCLAIMER: (a) no direct physical loss; (b) no Civil

Authority was available because access to the business was not prevented

due to any nearby property damage, and (c) virus exclusion (¶34).

Suspension: Order prohibiting table seating at any restaurant or tavern

Relief: DJ

Case Name: GERAGOS & GERAGOS, APC v. THE TRAVELERS INDEMNITY

COMPANY OF CONNECTICUT and Mayor Garcetti

Venue: California, Los Angeles County

Pltf Atty: Dhillon Law Group Inc. (San Francisco, CA)

Claim: World-renowned law office seeks coverage for business losses sustained

when access to the scheduled premises was specifically prohibited by order

of Civil Authority.

Coverage: all risk policy (¶12); covered cause of loss is “direct physical loss or direct

physical damage unless the loss is specifically excluded or limited in the

Policy” (¶12); “Civil Authority Coverage Section extends coverage to direct

physical loss or damage that results in a covered cause of loss to the

Property in the immediate area of the ‘scheduled premises’.” (¶13); “the

World Health Organization, has recognized that the Coronavirus is a cause

of real physical loss and damage” (¶15); Executive Order “specifically

referenced that it was being issued based on the dire risks of exposure

with the contraction of COVID-19 and evidence of physical damage to

property.” (¶17);

Suspension: Plaintiff is “technically exempted as an “essential business” under the

Order” and access to premises is only “greatly limited” (¶18).

Relief: DJ

Case Name: LH Dinning LLC v. Admiral Indemnity Co.

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik, PC (Philadelphia, PA)

Levin Sedran & Berman LLP (Philadelphia, PA)

Claim: 36-seat restaurant forced to close b/c of order of Civil Authority


damage (¶17); virus exclusion allegedly does not apply to BI claims (¶19);

scientific comm’y recognized that COVID-19 is a cause of real physical

loss and damage; contamination is direct physical loss (¶20); fomites stay

on surfaces for up to 28 days (¶23); orders by Gov and Mayor (“COVID-19

may remain viable for hours to days on surfaces…”);

Suspension: Orders have caused a “substantial loss of business”

Relief: DJ

Case Name: 2420 Honolulu Ave. LLC v. Travelers and Mayor Garcetti


Pltf Atty: Geragos & Geragos (Los Angeles, Calif.)

Dhillon Law Group (San Francisco, Calif.)

Claim: Loss of commercial rents at restaurant b/c tenant abandonment of premises

b/c order of Civil Authority


damage; actual loss of business income when access to the scheduled

premises is specifically prohibited by order of Civil Authority as the direct

result of a covered cause of loss to property in the immediate area; COVID-

19 has physically impacted property and physical spaces around the world

and the right to gather and utilize retail business locations; fomites stay on

surfaces for up to 28 days; scientific comm’y recognized that COVID-19 is

a cause of real physical loss and damage; local and state-wide stay-at home

and non-essential business closing orders

Suspension: Loss of rents stemming from tenants’ cessation of use of premises

Relief: DJ

Case Name: 837 Foothill Blvd, LLC v. Travelers and Mayor Garcetti




Claim: Loss of commercial rents at tenancy b/c of cessation of use of premises due

to order of Civil Authority











Relief: DJ

Case Name: Mark J. Geragos v. Travelers and Mayor Garcetti




Claim: Loss of commercial rents at bookstore and law office b/c tenant cannot

access premises b/c order of Civil Authority











Relief: DJ

Case Name: El Novillo Restaurant et ano v. Lloyd’s (National Class Action)

Venue: USDC SD Fla

Pltf Atty: Kozyak Tropin & Throckmorton LLP (Coral Gables, FL)

Claim: Restaurant lost business following social distancing recommendations from

WHO, CDC, CTF, and 49 state-wide restaurant closing orders (other than

take-out/delivery)

Coverage: All risk policy CP 00 30 BI form; access to premises prohibited because of

direct loss or direct physical damage to property by order of civil authority

restricting access to property (¶5); pandemic and the corresponding

response by civil authorities to stop the spread of the outbreak triggers

coverage, has caused physical property loss and damage to the insured

property (¶6, 34); many state departments of insurance have issued

advisories to business owners that COVID-19 is not an insured peril and

there will be no coverage for business interruption. This is disinformation

being published to discourage business owners from filing claims (¶50)

Suspension: Order restricting operating times; later order closing all restaurants other

than delivery

Relief: National class certification; DJ; anticipatory breach of contract;

Case Name: Coffey & McKenzie, LLC v. Twin City Fire Ins. Co., d/b/a The Hartford

Venue: South Carolina, County of Clarendon

Pltf Atty: COFFEY & MCKENZIE, LLC (Manning, South Carolina)

Claim: Law firm’s business income interrupted due to the closing of courts and

many other, non-essential governmental agencies, and effect on the general

public; immediate verbal, bad faith denial.

Coverage: Policy providing “hazard insurance, business interruption insurance as well

as additional insurance coverages.”

Suspension: Business interruption, generally, due to South Carolina Supreme Court

Order suspending all court operations due to COVID-19; Order of Governor

shuttering non-essential state agencies; “effects of this natural disaster upon

the general public”.

Relief: DJ, bad faith, breach of contract

Case Name: Maillard Tavern, LLC v. Society Insurance, Inc.

Venue: Illinois, Cook County

Pltf Atty: Romanucci & Blandin, LLC (Chicago, IL)

Rutter & Russin, LLC (Cleveland, IL)

Spanberger, Shibley & Liber, LLP (Cleveland, OH [pro hac vice])

Claim: Restaurant “forced to shut down its business” due to Governor’s order

closing all restaurants and bars

Coverage: “pay for the actual loss of Business Income you sustain due to the necessary

suspension of your ‘operations’ during the ‘period of restoration’. The

suspension must be caused by direct physical loss of or damage to covered

property at the described premises. The loss or damage must be caused by

or result from a Covered Cause of Loss;” (¶6); “pay for loss of Business

Income that you sustain during the ‘period of restoration’ and that occurs

within 12 consecutive months after the date of direct physical loss or

damage” (¶6); and “[w]hen a Covered Cause of Loss causes damage to

property other than property at the described premises, we will pay for the

actual loss of Business Income you sustain and necessary Extra Expense

caused by action of civil authority that prohibits access to the premises…”

(¶6); civil authority undefined (¶8); COVID-19 is a physical substance

capable of active on inert, physical surfaces, causing direct physical loss or

damage and rending property unsafe (¶¶12-30); damages should be resolved

by “Appraisal” under the policy for disagreement as to the amount of

“Business Income” or “Extra Expense” losses (¶66).

Suspension: March 16 and March 30 stay-at-home Orders of Governor prohibiting

public from accessing Plaintiffs’ restaurants, non-essential businesses, and

setting curfews on all liquor sales.

Relief: DJ and appraisal

Case Name: Outlaws & Gents Grooming, LLC et. al. v. State Farm Lloyd’s

Venue: Texas, Bexar County

Pltf. Atty: The Lloyd Law Firm (San Antonio, Texas)

Claim: Grooming salons sustain business interruption losses “during the Covid-19

outbreak” and Bexar County Order

Coverage: Terms of coverage not alleged

Suspension: No suspension alleged

Relief: Breach of contract, statutory and common law bad faith

Case Name: Torre Rossa, LLC v. Liberty Mutual (National Class Action)

Venue: Ohio, Cuyahoga County

Pltf. Attys: Connick Law, LLC (Beachwood, Ohio)

Claim: COVID-19’s “actual or suspected presence at or in the vicinity of”

restaurant prevents plaintiff from making full use of premises; civil order

forced restaurant to shut down; Liberty denial that coronavirus does not

cause physical loss is false and fraudulent misrepresentation

Coverage: All risk; insurance is extended to apply to the actual loss of business income

sustained and the actual, necessary and reasonable extra expenses incurred

when access to the Property is specifically prohibited by order of Civil

Authority as the direct result of a covered loss to property in the immediate

area of Plaintiff’s Property; covered physical loss includes, without

limitation, loss of use; COVID-19 is a physical thing; policy does not

contain a pandemic exclusion such as Liberty has used in the past

Suspension: Restaurant ceased all operations

Relief: DJ, Breach of Contract, Bad Faith, Class Certification

Case Name: Dakota Ventures v. Oregon Mutual Ins. Co. (National Class Action)

Venue: USDC, D. Oregon

Pltf. Attys: STOLL BERNE LOKTING & SHLACHTER P.C. (Portland, OR)

DICELLO LEVITT GUTZLER LLC (Chicago, IL (pro hac vice))

Claim: Businesses forced to suspend or reduce business at restaurants due to

COVID-19 and resultant Executive Orders, but denied claims due to no

covered loss.

Coverage: all risk; “Business Income” coverage for loss due to the necessary

suspension of operations following damage to property; “Civil Authority”

coverage, for actual loss of Business Income and necessary Extra Expense

caused by the action of a civil authority prohibiting access; “Ingress and

Egress” coverage for loss of Business Income and Extra Expense caused

when ingress or egress to the described premises is physically prevented

due to direct loss or damage to property, other than at the described

premises, caused by or resulting from any Covered Cause of Loss; “Sue and

Labor” coverage/provision requires mitigation; no virus exclusion =

coverage;

Suspension: Businesses suspended and/or reduced operations due various state closure

orders

Relief: DJ, Breach of Contract, Class Certification

Case Name: Caribe Restaurant & Nightclub v. Topa Insurance Company (National Class

Action)

Venue: USDC, C.D. Cal.

Pltf. Attys: COWPER LAW PC (Los Angeles, CA)

THE LANIER LAW FIRM PC (Houston, TX (pro hac vice))

DICELLO LEVIT GUTZLER LLC (Chicago, IL (pro hac vice))

Claim: Restaurant (and other businesses) forced to suspend or reduce business at

restaurants due to COVID-19 and resultant civil authority closure orders in

California and elsewhere.


suspension of operations following damage to property; suspension =

“slowdown or cessation” of business activities; “Civil Authority” coverage,

for actual loss of Business Income and necessary Extra Expense caused by

the action of a civil authority prohibiting access; “Sue and Labor”

coverage/provision requires mitigation; no virus exclusion = coverage;

NBCR Activity exclusion does not apply

Suspension: Restaurants suspended and/or reduced operations due various state closure

orders


Case Name: Rising Dough, Inc. (d/b/a Madison Sourdough) et al. v. Society Insurance

(National Class Action)

Venue: USDC, E.D. Wisc.

Pltf. Attys: Burns Bowen Bair LLP (Madison, Wi)

The Lanier Law Firm PcC(Houston, Tx (pro hac vice))

Dicello Levit Gutzler LLC (Chicago, Il (pro hac Vice))

Chestnut Cambronne PA (Minneapolis, Mn (Pro Hac Vice))

Daniels & Tredennick (Houston, Tx (Pro Hac Vice))

Claim: Bakery, restaurants, caterers, banquet halls (and other businesses) forced to

suspend or reduce business at restaurants due to COVID-19 and resultant

civil authority closure orders in Minnesota, Wisconsin and elsewhere.




caused by the action of a civil authority prohibiting access;

“Contamination” coverage for the actual loss of business income and extra

expense caused by “‘Contamination’ that results in an action by a public

health or other governmental authority that prohibits access to the described

premises or production of your product”; “Contamination” = “a defect,

deficiency, inadequacy or dangerous condition in your products,

merchandise or premises”, threat of contamination; “Sue and Labor”

coverage/provision requires mitigation; no virus exclusion = coverage;

NBCR Activity exclusion does not apply

Suspension: Restaurants suspended and/or reduced operations due various state closure

orders


Case Name: Christie Jo Berkseth-Rojas DDS v. Aspen American Ins. Co, (National

Class Action)

Venue: USDC, ND Texas

Pltf. Attys: Burns Bowen Bair Llp (Madison, Wi)

The Lanier Law Firm Pc (Houston, Tx (pro hac vice))

DiCello Levit Gutzler Llc (Chicago, Il (pro hac Vice))


Claim: Minnesota dental practice forced to suspend business due to COVID-19 and

resultant civil authority closure orders

Coverage: All risk; “Practice Income” coverage for loss due to the necessary


coverage, for actual loss of Practice Income and necessary Extra Expense

caused by the action of a civil authority prohibiting access; contain no virus

exclusion;

Suspension: Dental practice forced to reduce or suspend practice


Case Name: Bridal Expressions LLC v. Owners Ins. Co. (National Class Action)

Venue: USDC, ND Ohio

Pltf. Attys: Burns Bowen Bair Llp (Madison, Wi)

The Lanier Law Firm Pc (Houston, Tx (pro hac vice))

DiCello Levit Gutzler Llc (Chicago, Il (pro hac Vice))


Claim: Ohio formal wear provider dental practice forced to suspend business due

to COVID-19 and resultant civil authority closure orders

Coverage: All risks; no virus exclusion; agreed to pay for actual loss of Business

Income sustained due to necessary suspension of operations during the

period of restoration caused by direct physical loss or damage

Communicable Disease Exclusion only applies to liability; COVID-19

causes property damage

Suspension: Suspended business due to COVID-19


Case Name: Gio Pizzeria & Bar Hospitality, LLC v. Certain Underwriters at Lloyd’s


Venue: USDC, SD New York

Pltf. Attys: Burns Bowen Bair LLP (Madison, Wi)

The Lanier Law Firm PC (Houston, Tx (pro hac vice))

DiCello Levit Gutzler LLC (Chicago, Il (pro hac Vice))


Claim: Florida pizzeria serving New Haven style coal-fired pizza forced to reduce

or suspend business due to COVID-19

Coverage: All risk; “Business Income” coverage for loss due to the necessary



caused by the action of a civil authority prohibiting access; contain no virus

exclusion; policy insures for slowdown or cessation of operations; COVID-

19 is property damage.

Suspension: Pizzeria forced to reduce or suspend operations


Case Name: SSF II, Inc. and Spartan Stir Fry v. The Cincinnati Insurance Company

Venue: Franklin County, Ohio

Pltf. Attys: Luper Neidenthal & Logan (Columbus, OH)

Claim: Six profitable Bd's Mongolian Grill restaurants who rely upon buffets and

salad bars suffered business income losses due to “recommendation” that

such restaurants close immediately (takeout for salad bar = 5% of sales).

Coverage: all risk; no virus or pandemic exclusion; fomites (uses “formites” [sic]);

“County Administrator for Broward County, Florida, found (scientifically)

and ordered that COVID-19 ‘is physically causing property damage due to

its proclivity to attach to surfaces for a prolonged period of time’”; arbitrary

bad faith denial; The policy is currently in full effect, providing property,

business personal property, governmental authority business interruption,

business interruption income and extra expense, "war" (declared and

undeclared), and ordinance or law coverage.

Suspension: Restaurants and bars ordered “to essentially cease operations other than

delivery and take-out services.

Relief: DJ (no damages sought, explicitly)

Case Name: C.A. Spalding Co. v. Selective Insurance Group et al.

Venue: USDC, E.D. Pa.

Pltf. Attys: LEVIN SEDRAN & BERMAN, L.L.P. (Philadelphia, PA)

GOLOMB & HONIK, P.C. (Philadelphia, PA)

Claim: Owner of commercial rental property containing offices and manufacturing

facility ceased operations on March 23, and continues to be shutdown due

to government orders, furloughing 41 employees.

Coverage: all risk; policy contains virus or bacteria exclusion; contamination of the

Insured Property would be a direct physical loss requiring remediation to

clean the surfaces of the offices and manufacturing facility constituting the

Insured Property; Friends of DeVito, et. al v. Wolf, No. 68 MM 2020 (Pa.

April 13, 2020) (cited for supporting that physical loss and damage exists);

Donald J. Trump said “if I had it I’d expect to be paid”; “ever-present risk

that Insured Property is contaminated”; fomite argument; no specific policy

language argued.

Suspension: Civil authority ordering stay-at-home required ceasing manufacturing

operations.

Relief: DJ

Case Name: Choctaw Nation of Oklahoma v. Lexington Ins. Co. et al.

Venue: Oklahoma, Bryant County

Pltf Atty: Whitten Burrage Law Firm (Oklahoma City, OK)

Claim: Commercial business and service losses due to the United States becoming

infected by COVID-19.

Coverage: All risk policy; include business interruption, interruption by civil authority,

limitations of ingress and egress, and extra expense. (¶15)

Suspension: Speculative

Relief: DJ

Case Name: John’s Grill, Inc. et al. v. The Hartford Financial Services Group, Inc. et al.

Venue: California, San Francisco

Pltf Atty: Cotchett, Pitre & McCarthy LLP (Burlingame, CA)

Claim: Landmark restaurant forced to close its doors to the public because of a

series of orders issued by the City and County of San Francisco and suffer

substantial financial loss and employee turnover.

Coverage: “summarily declined coverage”; “Civil Authority” coverage for business

interruptions caused by “order of a civil authority.” It also includes “Lost

Business Income & Extra Expense Coverage,” “Extended Business

Income” coverage, and “Business Income Extension for Essential

Personnel” coverage, as well as “Limited Fungi, Bacteria, Or Virus

Coverage”; defines “suspension” as “partial slowdown or complete

cessation of your business”

Suspension: State and local civil authorities in the San Francisco Bay Area issued orders

requiring that independent restaurants immediately close for business due

to the widespread physical presence of the Coronavirus. Specifically

“Restaurants and cafes—regardless of their seating capacity—that serve

food are ordered closed except solely for takeout and delivery service”;

fomite—but not by name

Relief: DJ, breach of contract, bad faith, deceptive business practices,

compensatory, general, exemplary and punitive damages, costs of suit,

attorneys’ fees, interest, injunctive relief

Case Name: Pearl Street Entertainment Group, LLC et al. v. Society Insurance

Venue: Indiana, Marion County

Pltf Atty: PARR RICHEY FRANDSEN PATTERSON KRUSE LLP (Indianapolis,

IN)

Claim: Restaurants shut down by civil authorities to slow and stop the spread of

COVID-19.

Coverage: all risk; institutional bad faith – “set in motion a plan . . . to conduct sham

investigations” prior to disclaiming to save money by not paying and by not

investigating; no pandemic-related exclusion

Suspension: Government closure orders forced halt to ordinary operation of restaurant.

Relief: direct, consequential, incidental, other damages yet identified, Bad faith

damages, pre/post judgment interest, attorneys’ fees.

Case Name: Moda LLC et al. v. Hartford Fire Ins. Co.

Venue: California, County of Santa Barbara

Pltf. Attys: GRIFFITH & THORNBURGH LLP (Santa Barbara, CA)

KASOWITZ BENSON TORRES LLP (Los Angeles, CA)

Claim: Wholesale retail design firms dependent upon retail store locations and

seasonal clothing cycles sustained business losses and canceled retail orders

due to orders of civil authorities, including overflowing, out-of-season

inventory that is “effectively unsellable.”

Coverage: all risk; business income coverage to Plaintiffs, "for the actual loss of

Business Income [they] sustain and the actual, necessary and reasonable

Extra Expense [they] incur due to the necessary interruption of [their]

business operations . . . due to direct physical loss of or direct physical

damage to property: civil authority coverage for loss of access to insured

location; Dependent Properties coverage for suspension of operations at

premises owned/operated by others depended upon to deliver

materials/services or accept their products/services; contains virus

exclusion (argued “New York – Exclusion” in title renders it inapplicable

outside of New York); preemptively and summarily denied coverage for the

claims of other hard-hit businesses nationwide

Suspension: Civil authority stay-at-home orders for non-essential business operations in

almost every state the design firms operate in.

Relief: Breach of contract, bad faith punitive damages, attorneys’ fees and costs,

interest, DJ, injunction, specific performance

Case Name: Truhaven Enterprises, Inc. v. Chubb LTD et al.

Venue: USDC, D.N.J. (Class Action)

Pltf. Attys: CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO

(Roseland, NJ)

SEEGER WEISS (Ridgefield Park, NJ)

ROBBINS GELLER RUDMAN & DOWD LLP (Melville, NY & Boca

Raton, FL)

Claim: Dine in restaurant and others similarly situated that are dependent upon

dine-in patrons suffered business losses due to orders of civil authorities.

Coverage: all risk; civil authority coverage; Chubb website: “The presence of an

infectious agent or communicable disease at a location where there is

covered property generally will not mean that property has suffered

‘physical loss or damage’ under your policy”; contains virus exclusion;

Suspension: Civil authority orders causing non-essential businesses disruption,

including restaurants and bars.

Relief: DJ, compensatory damages, prejudgment interest, costs and disbursements,

attorneys’ fees

Case Name: HTR Restaurants, Inc. et al. v. Erie Insurance Exchange

Venue: Pennsylvania, Allegheny County (Pennsylvania Class Action)

Pltf. Attys: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH ASSOCIATES, P.C. (Pittsburgh, PA)

KOHN SWIFT (Philadelphia, PA).

Claim: Restaurant owner and others similarly situated suffered business losses due

to orders of civil authorities.

Coverage: all risk; no virus exclusion; policy of insurance providing, inter alia,

business income, extra expense, contamination, civil authority

Suspension: Civil authority stay at home orders causing non-essential businesses to shut

down, including restaurants and bars.

Relief: DJ, injunctive relief

Case Name: Joseph Tambellini, Inc. v. Erie Insurance Exchange

Venue: Pennsylvania, Allegheny County

Pltf. Attys: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH ASSOCIATES, P.C. (Pittsburgh, PA)

KOHN SWIFT (Philadelphia, PA).

Claim: Restaurant owner suffered business losses due to orders of civil authorities.

Coverage: all risk; no virus exclusion; policy of insurance providing, inter alia,

business income, extra expense, contamination, civil authority

Suspension: Civil authority stay at home orders causing non-essential businesses to shut

down, including restaurants and bars.

Relief: DJ, injunctive relief, compensatory damages

Case Name: Café Central Holding Co. LLC v. Chubb Limited and Westchester Surplus

Lines (National Class Action)

Venue: USDC, SD Florida

Pltf Atty: Podhurst Orseck, PA (Miami, FL)

Boies Schiller Flexner LLP (Miami, FL)

Claim: Fine dining restaurant forced to close b/c of pandemic and local and state-

wide orders of Civil Authority precluding access to insured location [“The

presence of COVID-19 caused direct physical loss of and/or damage to the

covered premises under the Policy by, among other things, damaging the

property, denying access to the property, preventing customers from

physically occupying the property, causing the property to be physically

uninhabitable by customers, causing its function to be nearly eliminated or

destroyed, and/or causing a suspension of business operations on the

premises.”]

Coverage: All risk policy; defendants agreed to pay for all losses caused by “Covered

Causes of Loss,” defined as “direct physical loss unless the loss is excluded

or limited in this policy; defendants promised to pay for the loss of Business

Income sustained due to the necessary “suspension” of the insured’s

“operations” during the “period of restoration.”; suspension means a

slowdown or cessation of the insured’s business activities; “Civil

Authority” coverage, defendants promised to pay for the loss of Business

Income and Extra Expense that the Plaintiff sustained as a result of “action

of civil authority that prohibits access to the described premises; defendants

chose not to include the virus exclusion;

Suspension: Pandemic and civil orders have caused a complete shutdown; no access to

insured property

Relief: DJ, breach of contract

Case Name: Biscuit Café, Inc. v. Society Ins. Co. (Class Action)

Venue: USDC, ND Ill.

Pltf Atty: Edelson PC (Chicago, Ill)

The Fish Law Firm (Naperville, Ill)

Claim: Restaurant group reduced to pick-up and delivery and unable to launch new

location due to closure orders; movie theater owner required to cease

operations due to closure orders; Society blatantly breached insurance

contract in bad faith, denying claim without a meaningful investigation as

Illinois law provides that the presence of a dangerous substance is physical

loss or damage

Coverage: All risk; no virus exclusion (“This, the Policies purchased by Plaintiffs

cover property damage and business losses caused by viruses….); “pay for

the actual loss of Business Income” sustained by Plaintiffs “due to the

necessary suspension” of Plaintiffs’ operations during the period of

business interruption caused “by direct physical loss of or damage to

covered property” at Plaintiffs’ premises; “Suspension” means: (1) “the

partial slowdown or complete cessation of your business activities;” or (2)

“that a part or all of the described premises is rendered untenantable if

coverage for Business Income applies.”; Civil Authority coverage is

triggered by loss caused by an action of civil authority that prohibits access

to the insured premises, when any non-excluded cause results in damage to

property other than insured property and is intended to cover loss resulting

from governmental action “taken in response to dangerous physical

conditions.”; contamination is a covered cause of loss;

Suspension: Restaurants limited to off-premises consumption, theater total suspension

of operations


Case Name: Zwillo V. Corp. v. Lexington (AIG) (National Class Action; Missouri

subclass)

Venue: USDC, WD Mo

Pltd Atty: Stueve Siegel Hanson LLP (Kansas City, MO)

Langdon & Emilson LLC (Lexington, MO)

Miller Schirger LLC (Kansas City, MO)

Schaffer Lombardo Shurin, PC (Kansas City, MO)

Claim: Restaurant heralded as serving the “Best Berger in Kansas City” by the

Food Network and related catering business suffering 80% loss of revenues

due to stay at home orders.

Coverage: All risk; no virus exclusion (“risk of a virus like COVID-19 was foreseeable

to…defendant”); loss sustained due to the necessary interruption of

business caused by direct physical loss or damage; interruption of business

caused by an order from a civil authority; loss caused by the prevention of

existing ingress or egress at the premises; coverage for contaminants (which

is defined to include virus)

Suspension: 80% reduction in restaurant revenues following local and state-wide stay at

home order


Case Name: Jul-Bur Assoc. Inc. v. Selective Ins. Co. of America

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik (Philadelphia, PA)


Claim: Retail clothing store forced to close during busy spring trunk show season

Coverage: All risk; insurance applies to the actual loss of business income sustained

and the actual, necessary and reasonable extra expenses incurred when

access to the Insured Property is specifically prohibited by order of civil

authority as the direct result of a covered cause of loss to property in the

immediate area of Plaintiffs’ Insured Property; covered cause of loss means

direct physical loss or direct physical damage; virus exclusion should not

apply; President Trump supports insurance coverage for businesses like

plaintiff (quoting president saying that insurance companies should pay

business interruption claims)

Suspension: Complete cessation of operations

Relief: DJ

Case Name: Chester County Sports Arena v. Cincinnati

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik (Philadelphia, PA)


Beasley Allen Crow Methvin Portis & Miles (Montgomery, AL)

Claim: Multi-sport community rink ceased all operation in response to civil orders

Coverage: All risk; actual loss of business income sustained; covered cause of loss

means direct physical loss or damage; President Trump supports insurance

coverage for businesses like plaintiff (quoting president saying that

insurance companies should pay business interruption claims); [does not

seek a determination of whether the virus is physically present at the insured

premises]


Relief: DJ

Case Name: R Restaurant Group LLC v. Society Ins. Co.

Venue: Cook County, Illinois

Pltf Atty: Konocek & Dillon, PC (Genevail, IL)

[Complaint not presently available]

Case Name: Café Patachou at Clay Terrace, LLC v. Citizens Insurance Co.

Venue: Marion County, Indiana

Pltf Atty: Plews Shafley Racher & Braun LLP (Indianapolis, IN)

Claim: Local chain restaurant closes 12 locations due to stay at home orders

Coverage: All risk; We will pay for the actual loss of Business Income you sustain due

to the necessary "suspension" of your "operations" during the "period of

restoration". The "suspension" must be caused by direct physical loss of or

damage to property at "premises" which are described in the Declarations.

The loss or damage must be caused by or result from a Covered Cause of

Loss; alleges the “direct loss to property”

Suspension: Total suspension of operations

Relief: DJ

Case Name: Colectivo Coffee Roasters, Inc. v. Society Ins.

Venue: Milwaukee County, Wisconsin

Pltf Atty: Urban & Taylor (Milwaukee, WI)

[Complaint not presently available]

Case Name: Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc.

Venue: USDC, C.D. Cal.

Pltf Atty: SHERNOFF BIDART ECHEVERRIA LLP (Claremont, CA)

Claim: Gourmet restaurant (w/ own star on the Hollywood Walk of Fame) suffers

business income loss due to prohibition of dine-in, “effectively clos[ing]”

the restaurant.

Coverage: all risk; “Business Income (and Extra Expense)” coverage in the event there

is a “loss of Business Income … sustain[ed] due to the necessary

‘suspension’ of [Musso & Frank’s] ‘operations’” and/or “necessary

expenses … incur[red] … that [Musso & Frank] would not have incurred if

there had been no direct physical loss or damage to property caused by or

resulting from a Covered Cause of Loss”; “suspension” = slowdown or

cessation; civil authority; reduction of 72-hour threshold for period of

restoration to 24-hours; includes virus exclusion; minimal investigation =

bad faith

Suspension: Restriction on restaurants and bars prohibits dining and drinking on

premises, causing Musso & Frank to close its doors

Relief: damages, interest, attorneys’ fees, costs, economic and consequential

damages, punitive and exemplary damages

Case Name: Ascent Hospitality Management Co., LLC v. Employers Ins. Co. of Wausau

and Liberty Mutual Ins. Co.

Venue: Jefferson County, Alabama

Pltf Atty: SIROTE & PERMUTT, P.C. (Birmingham, AL)

Claim: Hospitality management company operating hotels and restaurants in five

separate states forced to cease or substantially limit business operations to

slow the spread of the pandemic.

Coverage: All-risk; no exclusion for pandemics or government shutdowns due to the

threat of a viral pandemic; Time element coverage; Civil authority;

ingress/egress coverage for the “actual loss sustained . . . due to the

necessary interruption of [Plaintiff’s] business if ingress to or egress from a

covered location is prevented, whether or not [Plaintiff’s] premises or

property is damaged. . . .”; bad faith

Suspension: Stay-at-home and/or shelter-in-place orders prohibit and/or substantially

limit operations

Relief: DJ, compensatory damages, punitive damages, attorneys’ fees, costs,

interests statutory penalties

Case Name: Millennia Hospitality Group, LLC Rose Mar LTD DBA The Lockkeepers

v. The Cincinnati Ins. Co.

Venue: Cuyahoga County, Ohio

Pltf Atty: RUTTER & RUSSIN, LLC (Cleveland, OH)

SPANGENBERG, SHIBLEY & LIBER, LLP (Cleveland, OH)

Claim: Hospitality company operating “some the [sic] finest venues in the country”

was required to cease and/or significantly reduce operations at all locations

due to order ceasing operations of non-essential businesses.

Coverage: coverage for business income, extra expense, and civil authority; policy =

exhibit; “suspension” = slowdown or cessation

Suspension: Suspension of dine-in services and closure of non-essential businesses by

government orders

Relief: DJ (invokes appraisal right for dispute on damages)

Case Name: Nashville Underground, LLC v. Nationwide Property and Casualty

Insurance Company

Venue: Davidson County, Tennessee

Pltf Atty: CLEMENTS LAW FIRM, PLLC (Nashville, TN)

Claim: Seven-story restaurant, bar, nightclub and live music venue claims business

interruption losses arising from direct physical loss to property following

governmental order shuttering all restaurants and bars that serve more

alcohol than food.

Coverage: all risk; Policy covers “suspicion” of contamination of food by employees

with a communicable disease; contains virus exclusion (exception for losses

related to food contamination); bad faith

Suspension: Governmental order forced restaurants and bars serving more alcohol than

food to close.

Relief: DJ, damages, special, consequential and incidental damages, statutory

penalties, punitive damages, costs, pre and post judgment interest and

attorneys fees.

Case Name: JA-DEL, Inc. v. Zurich American Ins. Co

Venue: Jackson County, Missouri

Pltf Atty: Monsees & Mayer PC (Kansas City, MO)

Claim: Unknown business makes claim for “losses during COVID-19 outbreak”

and bad faith

Coverage: Unknown

Suspension: Substantial loss of income

Relief: Breach of contract, statutory bad faith

Case Name: System Optics, Inc. v. Twin City Fire Ins. Co. (The Hartford)

Venue: Summit County, Ohio

Pltf Atty: Novak LLP (Cleveland, OH)

Sammon Law, LLC (Medina, OH)

Claim: Chain of optometry clinics ceased operations due to stay at home orders;

blatant denial of coverage to intentionally and maliciously deny benefits as

part of a preconceived design; failed to conduct any investigation; issued

denial in order to “establish an industry-wide trend in response to the

protentional mammoth economic exposures that Defendants….face…”

Coverage: All risk; no virus exclusion; actual loss of business income due to the

necessary suspension of operations caused by direct physical loss of or

damage to property; suspension includes partial shutdown or that part of the

premises that is rendered untenable as a result of a Covered Cause of Loss;

Civil Authority coverage applies when access to the scheduled premises is

specifically prohibited by order of a civil authority as a direct result of a

Covered Cause of Loss to property in the immediate area of the scheduled

premises; continuous presence of COVID virus rendered premises unsafe

and caused direct physical loss;

Suspension: $2 million loss of business income due to complete suspension of operations

Relief: DJ, Breach of contract, bad faith

Case Name: Tom James Company v. Zurich American Ins. Co.

Venue: Marion County, Indiana

Pltf Atty: Plews Shadley Racher & Braun (Indianapolis, IN)

Claim: Custom clothier with retail offices worldwide, forced to close or restrict its

operations and sustain loss and damage

Coverage: The Zurich Edge proprietary global property policy; all risk with $200

million in limits; insures against direct physical loss of or damage caused

by a Covered Cause of Loss; Covered Cause of Loss is all risks of direct

physical loss unless excluded; The Company will pay for the actual Time

Element loss the Insured sustains, as provided in the Time Element

Coverages, during the Period of Liability. The Time Element loss must

result from the necessary Suspension of the Insured's business activities at

an Insured Location. The Suspension must be due to direct physical loss of

or damage to Property caused by a Covered Cause of Loss; The Company

will pay for the actual Time Element loss sustained by the Insured, as

provided by this Policy, resulting from the necessary Suspension of the

Insured's business activities at an Insured Location if the Suspension is

caused by order of civil or military authority that prohibits access to the

Location. That order must result from a civil authority's response to direct

physical loss of or damage caused by a Covered Cause of Loss to property

not owned, occupied, leased or rented by the Insured or insured under this

Policy and located within the distance of the Insured's Location as stated in

the Declarations; decontamination coverage; ingress/egress coverage for

suspension of operations if entry to the insured location is prevented by

physical obstruction due to direct physical loss or damage

Suspension: Manufacturing and retail locations forced to close or greatly reduce

production;

Relief: DJ

Case Name: Wagner Shoes, LLC v. Auto-Owners Ins. Co.

Venue: USDC, ND Ala

Pltf Atty: Price Glover Hayes (Tuscaloosa, AL)

Colquett Law LLC (Birmingham, AL)

Claim: Retail children’s shoe store forced to close as a non-essential business

Coverage: All risk; will pay for direct physical loss of or damage to Covered Property

at the premises caused by any Covered Cause of Loss;” “Covered Causes

of Loss” includes “RISKS OF DIRECT PHYSICAL LOSS” unless

excluded; the insured only must show the existence of the policy and loss

to covered property, the burden of causation is on the insurer; presence

of COVID-19 is a direct physical loss without actual destruction of property

(presence of harmful substance)


Relief: DJ

Case Name: Barroso Inc. v. Twin City Fire Ins. Co. (The Hartford)

Venue: Arlington County, Virginia

Pltf Atty: The Veritas Law Firm (Washington, DC)

Claim: Mexican restaurant of 20 years on verge of collapse following suspension

of on-site dining by Governor’s executive order

Coverage: Policy affords coverage caused by fungi, bacteria or virus (“we will pay for

loss or damage by fungi, …and virus”); actual loss of business income due

to the necessary suspension of operations caused by direct physical loss of

or damage to property; Civil Authority coverage applies when access to the

scheduled premises is specifically prohibited by order of civil authority as

the direct result of a covered cause od loss to property in the immediate area

of the insured premises; suspension includes partial cessation;


Relief: DJ, Breach of contract

Case Name: Natty Greene’s Brewing Company, LLC et. al. v. Travelers Casualty

Insurance Company of America et al. (and The Hartford, Utica,

Frankenmuth, State Automobile Mut.)

Venue: North Carolina, Guilford County

Pltf Atty: Brown Faucher Peraldo & Benson PLLC (Greensboro, NC)

Claim: Collection of bars and restaurants lost future revenue from the cancelation

of men’s basketball tournament as a result of “public fear”

Coverage: All risk policy; “coverage for the plaintiff restaurants/premises for loss of

business revenues and the physical loss of that money.”; “The income not

arriving was as physical as it can get”; It is hard to imagine that the loss of

business revenues can be anything but ‘direct’ and ‘physical.’ To be sure,

money that was previously arriving is now not physically arriving; None [of

the policies] exclude coverage for damages caused by public fear and

commotion and/or governmental action implemented in an effort to prevent

the arrival of the virus or to mitigate the spread of the virus as opposed to

damages caused by the virus itself.”

Suspension: Not specified


Case Name: Malaube LLC v. Greenwich Ins. Co.

Venue: Miami-Dade County, Florida

Pltf Atty: Herskowitz Shapiro (Miami, FL)

Claim: Italian restaurant closed following Mayor’s order closing all restaurants for

on-site dining

Coverage: Actual loss of business income sustained caused by action of civil authority

that prohibits access to insured premises;

Suspension: Significant losses

Relief: DJ

Case Name: HTR Restaurants, Inc. D/B/A Siebs Pub Individually and on behalf of class

of Similarly Situated Persons v. ERIE Ins. Exchange

Venue: Allegheny County, Pennsylvania (Pennsylvania Class Action)

Pltf Atty: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIDT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH & ASSOCIATES (Pittsburg, PA)

KOHN SWIFT (Philadelphia, PA)

Claim: Restaurants claim losses caused by COVID-19 virus and the referenced

Orders.

Coverage: All risk; property, business, personal property, business income, extra

expense, contamination, civil authority and additional coverages; “Erie

Policy does not exclude the losses caused by the Coronavirus Pandemic”;

Suspension: Restaurants “ordered to close” and “forced to furlough employees”

Relief: DJ, injunctive relief

Case Name: Luke Wholey’s Wild Alaskan Grille, LLC v. ERIE Ins. Exchange

Venue: Allegheny County, Pennsylvania

Pltf Atty: EDGAR SNYDER & ASSOCIATES, LLC (Pittsburgh, PA)

Claim: Restaurant claims losses caused by COVID-19 virus and the referenced

Orders due to forced ceasing of dine-in services.

Coverage: All risk; Income Protection Coverage, Extra Expense Coverage, Civil

Authority Coverage, and additional coverages; No virus exclusion =

coverage for virus.

Suspension: Restaurant forced to cease dine-in services

Relief: DJ, damages in excess of statutory arbitration limits of Allegheny County,

plus costs and Pa. R.C.P. 238 delay damages.

Case Name: Ian McCabe Studio, LLC and Ian McCabe Studio at Union Market LLC v.

ERIE Ins. Exchange


Pltf Atty: LEVIN SEDRAN & BERMAN LLP (Philadelphia, PA)

GOLOMB & HONIK, P.C. (Philadelphia, PA)

ROBERT PIERCE & ASSOCIATES (Pittsburgh, PA)

Claim: Salons ordered to close its doors due to the Coronavirus global pandemic,

resulting in business losses.

Coverage: all risk; personal property, business income and extra expense,

contamination coverage and additional coverage; civil authority;

Suspension: Salon forced to close as non-essential business, resulting in furlough of 32

employees.

Relief: DJ

Case Name: Atma Beauty, Inc., individually and on behalf of all others similarly situated

v. HDI Global Specialty SE, Axis Specialty Europe SE, Underwriters at

Lloyd’s London

Venue: USDC, S.D. Fla. (National Class Action)

Pltf Atty: PODHURST ORSECK, P.A. (Miami, FL)

Claim: Salon and other businesses similarly situated forced to suspend business

operations as a result of COVID-19, causing significant expenses and

losses.

Coverage: all risk; business interruption, extra expense, civil authority coverage, all

underwritten on standard ISO forms; suspension = slowdown or cessation;

period of restoration includes 72-hour waiting period, but policy also

contains extended business income coverage beyond usual end of period

of restoration; no virus exclusion (CP 01 40 07 06) = coverage, since

carrier could have included it but did not; physical loss of and/or damage

from COVID-19 = damage to property, “denying access to the property,

preventing customers from physically occupying the property, causing the

property to be physically uninhabitable by customers, causing its function

to be nearly eliminated or destroyed, and/or causing a suspension of

business operations on the premises.”

Suspension: Non-essential businesses like salon’s closed by Emergency Order,

restricting public access.

Relief: DJ, compensatory damages, interest, costs and attorneys’ fees

Case Name: Lansdale 329 Prop, LLC et al.; individually and on behalf of all others

similarly situated v. Hartford Underwriters Ins. Co.

Venue: USDC, E.D. Pa. (National Class Action)

Pltf Atty: BARRACK, RODOS & BACINE (Philadelphia, PA)

Claim: Restaurants deemed non-essential and other businesses similarly situated

forced to suspend or reduce business as a result of COVID-19 government

orders, causing significant expenses and losses as a result of diminished

access of patrons and employees.

Coverage: all risk; business income and civil authority; extended business income

coverage; virus exclusion included in policy – argued inapplicable because

loss not due to virus, but rather effect of closure orders without concern

for whether the virus was actually present at the location

Suspension: Non-essential businesses like restaurant closed by government order,

restricting public access and preventing citizens from leaving home for non-

essential purposes as patrons and employees of such businesses.

Relief: DJ, Certification, compensatory damages, interest, costs and attorneys’ fees

Case Name: Laudenbach Periodontics and Dental Implants, LTD v. Liberty Mutual Ins.

Group


Pltf Atty: Anapol Weiss (Philadelphia, PA)

Claim: Dental offices mandated to close businesses in response to Coronavirus

pandemic.

Coverage: all risk; “business interruption coverage for closure by Order of Civil

Authority”; contract of adhesion; virus exclusion included in policy –

argued inapplicable because loss not due to virus, but rather effect of

closure orders without concern for whether the virus was actually present

at the location

Suspension: Dental practices and periodontists ordered to close for all routine operations

except emergency procedures, unless they used negative pressure rooms

and N95 masks, which they don’t have.

Relief: DJ, compensatory damages

Case Name: L & L Logistics and Warehousing Inc. d/b/a L & L Trucking v. Evanston

Ins. Co. and Markel Corp.

Venue: USDC, E.D. Va.

Pltf Atty: Breit Cantor Grana Buckner, PLLC (Richmond, VA)

LEVIN SEDRAN & BERMAN LLP (Philadelphia, PA)*

GOLOMB & HONIK, P.C. (Philadelphia, PA)*

ROBERT PEIRCE & ASSOCIATES (Pittsburgh, PA)*

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery, AL)*

(*pro hac vice)

Claim: Trucking company has suffered business loss due to the shut down of non-

essential stores and businesses by state and local orders arising out of the

pandemic; fomite theory of damage

Coverage: all risk; business interruption, extra expense, civil authority coverage;

includes virus exclusion – argued inapplicable

Suspension: Trucking company unable to operate due to California stay at home orders

preventing customers from operating their businesses and therefore,

rendering them without need to receive packages.

Relief: DJ

Case Name: Station 6, LLC v. Lloyd’s (National Class Action)

Venue: USDC, E.D. La

Pltf Atty: Herman Herman & Katz (New Orleans, LA)

Dilberto Law Firm (Metairie, LA)

Claim: Seafood restaurant suffers “direct physical loss of and damage to its

property”

Coverage: All risk; insurer bears the burden of proving that loss was caused by an

excluded risk

Suspension: Restaurant limited to curb-side pick up


Case Name: Scorpio Rising, Inc. DBA Bourbon Pub Parade v. Nautilus Insurance Co.

(The Hartford)(National Class Action)




Claim: French Quarter nightclub was ordered by Mayor to cease all operations


excluded risk; virus exclusion;

Suspension: Complete cessation of operations as a result of mayoral order


Case Name: NOLA Group Hotel, LLC v. Starr Surplus Lines Insurance Co. (National

Class Action)




Claim: Owner of six boutique hotels in New Orleans


excluded risk

Suspension: Unstated


Case Name: Simon Wiesenthal Center, Inc. and Moriah Films v. Chubb

Venue: USDC, C.D. Ca

Pltf Atty: Gauthier Murtphy & Houghtaling LLC (Metairie, LA)

Russ August & Kabat (Los Angeles, CA)

Claim: Holocaust-oriented human rights organization and museum and its film arm

unable to hold 2020 National Tribute Dinner honoring George and Amal

Clooney, among other events

Coverage: All risk; actual loss of business income sustained when access to the

scheduled premises is specifically prohibited by order of civil authority as

the direct result of a covered cause of loss to property within one mile of

the scheduled premises; fomite theory (the virus “creates a physical impact

and loss on property as it alters surfaces”); no virus exclusion

Suspension: Cancelled events, closed museums, among other losses

Relief: DJ

Case Name: New Orleans Hamburger & Seafood Co. v. Starr Surplus Lines Insurance

Co. (National Class Action)




Claim: Chain restaurant owner sustains physical loss of and damage to its property


excluded risk

Suspension: Unstated


Case Name: Beniak Enterprises, Inc. v. Chubb (National Class Action)

Venue: USDC, D. NJ

Pltf Atty: Carella Byrne Cecchi Olstein Brody & Angello (Roseland, NJ)

Seeger Weiss (Ridgefield Park, NJ)

Robbins Geller Rudman & Dowd LLP (Melville, NY and Boca Raton, FL)

Claim: Italian eatery forced to close to on-site diners as a result of virus mitigation

effort

Coverage: Actual loss of Business Income sustained when access to the insured

property due to the necessary “suspension” of your “operations” during

the “period of restoration”. The “suspension” must be caused by direct

physical loss of or damage to property at premises which are described in

the Declarations; Civil Authority: When a Covered Cause of Loss causes

damage to property other than property at the described premises, we will

pay for the actual loss of Business Income you sustain and necessary Extra

Expense caused by action of civil authority that prohibits access to the

described premises, provided that both of the following apply:

(1) Access to the area immediately surrounding the damaged property

is prohibited by civil authority as a result of the damage, and the described

premises are within that area but are not more than one mile from the

damaged property; and

(2) The action of civil authority is taken in response to dangerous

physical conditions resulting from the damage or continuation of the

Covered Cause of Loss that caused the damage, or the action is taken to

enable a civil authority to have unimpeded access to the damaged

property.

Virus exclusion inapplicable because efficient proximate cause of loss was

the precautionary measures of the government and not the presence of

virus in or on insured’s property

Suspension: Total cessation of operations


Case Name: Rush Hour Live Escape Games, LLC v. MESA Underwriters Specialty

Insurance Co,

Venue: USDC, E.D. Va

Pltf Atty: Breit Cantor Grana Buckner PLLC (Richmond, VA)

Golomb & Honik PC (Philadephia, PA)

Robert Peirce & Assoc. (Pittsburg, PA)

Beasley Allen Crow Methvin Portins & Miles PC (Montgomery, AL)

Claim: Business of known variety forced to suspend operations due to orders of

civil authority

Coverage: All risk; the policy covers “direct ‘loss’ to Covered Property at the

‘premises’ caused by or resulting from any Covered Cause of Loss.” The

policy defines “loss” as “accidental physical loss or accidental physical

damage.”; “[w]e will pay for the actual loss of ‘Business Income’. . . you

sustain due to the necessary ‘suspension’ of your ‘operations’ during the

‘period of restoration’”, and that the “loss” must be “caused by or

result[ing] from” a Covered Cause of Loss; “[w]hen a Covered Cause of

Loss causes damage to property other than Covered Property at a

‘premises’, we will pay for the actual loss of ‘Business Income’ and

necessary Extra Expense you sustain caused by action of civil authority

that prohibits access to the ‘premises’. . .”



Case Name: Milkboy Center City, LLC v. Cincinnati Insurance Co. (National Class

Action)

Venue: USDC, E.D. Pa

Pltf Atty: Barrack Rodos & Bacine (Philadelphia, PA)

Stephen R. Basser (San Diego, CA)

Claim: Music venue, bar and restaurant facility shutdown because of civil orders

precluding musical performances and on-site dining.

Coverage: All risk; the policy covers “direct ‘loss’ to Covered Property at the

‘premises’ caused by or resulting from any Covered Cause of Loss.” The

policy defines “loss” as “accidental physical loss or accidental physical

damage.”; “[w]e will pay for the actual loss of ‘Business Income’. . . you

sustain due to the necessary ‘suspension’ of your ‘operations’ during the

‘period of restoration’”, and that the “loss” must be “caused by or

result[ing] from” a Covered Cause of Loss; “[w]hen a Covered Cause of

Loss causes damage to property other than Covered Property at a

‘premises’, we will pay for the actual loss of ‘Business Income’ and

necessary Extra Expense you sustain caused by action of civil authority

that prohibits access to the ‘premises’. . .”



Case Name: Cosmetic Laser, Inc. v. Twin City Fire Insurance Company (The Hartford)


Venue: USDC, District of Connecticut

Pltf Atty: Koskoff Koskoff & Bieder PC (Bridgeport, Connecticut)

Dicello Levitt Gutzler LLC (Chicago, Illinois)

Dicello Levitt Gutzler LLC (Mentor, Ohio)

The Lanier Law Firm PC (Houston, Texas)

Burns Bowen Bair LLP (Madison, Wisconsin)

Daniels & Tredennick (Houston, Texas)

Claim: Medi Spa offering cosmetic treatments was forced to suspend or reduce

business due to COVID-19 and the resultant closure orders issued by civil

authorities in Ohio.

Coverage: Special Property Coverage Policy; covered “Time Element Coverages,”

“Business Income” coverage, “Civil Authority” coverage and “Extra

Expense” coverage; “Business Income” coverage pays for loss due to

necessary suspension of operations following physical loss of or damage to

the insured premises (¶4); “Civil Authority” coverage pays for loss caused

by action of a civil authority that prohibits access to insured premises

because of damage to property in the immediate area of the insured premises

(¶5); “Extra Expense” coverage pays for expense incurred to minimize the

suspension of business and to continue operations (¶6); also included in the

policy is a “Limited Fungi Bacteria or Virus Coverage” endorsement, which

will pay for losses caused by a virus (¶7), but Twin City’s payment is limited

to the amount of loss and expense during a period of thirty days or the

number of days indicated in the policy declarations (¶8);

Suspension: Civil authority requiring cancellation of non-essential or elective surgeries

on March 17, 2020 by the State of Ohio; On March 18, 2020, the State of

Ohio issued civil authority requiring barbershops, hair salons, and nail

salons to close in the State; On March 22, 2020, civil authority was issued

requiring the closure of non-essential businesses.

Relief: DJ

Case Name: Little Stars Corporation d/b/a The Little Gym of Gilbert v. Hartford

Underwriters Insurance Company; The Hartford Financial Services Group,

Inc. d/b/a The Hartford; and Sentinel Insurance Company, LTD.


Pltf Atty: Ury & Moskow (Fairfield, Connecticut)

Levin Sedran & Berman LLP (Philadelphia, Pennsylvania)

Golomb & Honik, P.C. (Philadelphia, Pennsylvania)

Robert Peirce & Associates (Pittsburgh, Pennsylvania)

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery,

Alabama)

Claim: Gym was forced to shut its doors as a result of state and local mandates.

Coverage: All Risk; “Civil Authority” coverage “insurance is extended to apply to the

actual loss of business income sustained and the actual, necessary and

reasonable extra expenses incurred when access to the Insured Property is

specifically prohibited by order of civil authority as the direct result of a

covered cause of loss to property in the immediate area of Plaintiff’s Insured

Property (¶14); “On April 10, 2020, President Trump seemed to support

insurance coverage for business loss like that suffered by the Plaintiff”

(¶28).

Suspension: “State and local orders mandating that all non-essential in-store business

must shut down, Plaintiff shut its doors for customers on March 16, 2020”

(¶2); “On March 11, 2020, the Governor of Arizona declared a Public

Health Emergency related to the Covid-19 pandemic” (¶22); “On April 1,

2020, the Governor of Arizona issued the closure of non-essential

businesses …. Extended the closure until at least May 15, 2020” (¶¶25-26);

Relief: DJ

Case Name: Rencana LLC d/b/a Core Reform Pilates and The Irvine Company LLC v.

The Hartford Financial Services Group, Inc. and Sentinel Insurance

Company, LTD.







Alabama)

Claim: Pilates schools and accompanying retail stores suffered business loss as a

result of enforcement of Civil Authority Orders which mandated all non-

essential in-store business to shut down on March 16, 2020. Prospective

denial because virus is not physical loss.

Coverage: All Risk; Business interruption insurance (¶10, ¶18); “includes coverage

for, among other things, business personal property, business income,

special business income and professional business income (¶13). “On April

10, 2020, President Trump seemed to support insurance coverage for

business loss like that suffered by the Plaintiff” (¶31). “The President

is articulating a few core points …. The COVID-19 pandemic should

be covered unless there is a specific exclusion for pandemics” (¶32)

Suspension: “On March 16, 2020 the State of California prohibited all gatherings

regardless of size. This order effectively shut down all non-essential

businesses” (¶28); “On March 17, 2020 the State of California issued a stay-

at-home order that all non-essential workers must stay at home as a result

of COVID-19. This order has been extended indefinitely” (¶29).

Relief: DJ

Case Name: Consulting Advantage Inc. v. The Hartford Fire Insurance Company and

Commercial Inland Marine Hartford Fire Insurance Company







Alabama)

Claim: Trucking school suffered business loss as a result of enforcement of state

and local government orders which mandated all non-essential in-store

business to shut down on March 16, 2020. Prospective denial because of

virus exclusion clause.

Coverage: All Risk; Business interruption insurance (¶9); “includes coverage for,

among other things, business personal property, business income, special

business income and professional business income (¶12); “… provides

coverage for all covered losses, including but not limited to direct physical

loss and/or direct physical damage, unless a loss is specifically excluded or

limited in the Policy” (¶16); “Defendant provides for a Virus Exclusion

under the policy. The Exclusion for viruses does not apply to this pandemic

(¶18); “On April 10, 2020, President Trump seemed to support

insurance coverage for business loss like that suffered by the Plaintiff”

(¶30). “The President is articulating a few core points …. The COVID-

19 pandemic should be covered unless there is a specific exclusion for

pandemics” (¶31)

Suspension: “On March 16, 2020 the State of California prohibited all gatherings

regardless of size. This order effectively shut down all non-essential

businesses” (¶27); “On March 17, 2020 the State of California issued a stay-

at-home order that all non-essential workers must stay at home as a result

of COVID-19. This order has been extended indefinitely” (¶28).

Relief: DJ

Case Name: The K’s Inc. v. Westchester Surplus Lines Insurance Company (National

Class Action)

Venue: USDC, Northern District of Georgia

Pltf Atty: Knight Palmer, LLC (Atlanta, Georgia)






Claim: Bar offering drinks, dancing, karaoke and live music suffered business loss

as a result of closure orders issued by civil authorities in Massachusetts.

Prospective denial.

Coverage: All risk; business income coverage; civil authority coverage, “which

promises to pay for loss caused by the action of a civil authority that

prohibits access to the insured premises because of danger at the property”

(¶4); Extra expense coverage; “Duties in the Event of Loss…. Mandates

record of expenses necessary to protect the Covered Property for

consideration of the claim …. Sue and labor coverage” (¶6); No inclusion

of exclusion for losses caused by the spread of viruses (¶16).

Suspension: “On March 23, 2020 the State of Massachusetts issued a civil authority

order requiring the closure of bars and nightclubs in Massachusetts. This

order has been in effect since March 24, 2020. (¶29);

Relief: DJ

Case Name: Alliance Radiology, P.A. v. CNA Financial Corporation and Continental

Casualty Company (National Class Action)

Venue: USDC, District of Kansas

Pltf Atty: Stueve Siegel Hanson LLP (Kansas City, Missouri)

Langdon & Emison (Lexington, Missouri)

Miller Schirger LLC (Kansas City, Missouri)

Shaffer Lombardo Shurin, P.C. (Kansas City, Missouri)

Claim: Radiology practice with twenty-eight physicians working with 20 hospitals

and freestanding imaging centers forced to stop all elective procedures and

greatly reduce operations. Prospective denial due to insurance industry’s

uniform approach of denial of coverage in connection with the pandemic.

“Current evidence shows that the first death from COVID-19 was at

least February 6, 2020 – weeks earlier than previously reported,

suggesting that the virus has been circulated in the United States much

earlier than previously assumed. Patients, employees, and/or other

visitors to the insured property over the last two months were infected

with coronavirus and thereby infected the insured property with the

coronavirus” (¶18). “The ISO … has recognized for years that a virus

can constitute physical damage to property … in 2006 it announced the

submission of an exclusion of loss due to disease-causing agents such as

viruses and bacteria” (¶64).

Coverage: All risk commercial property insurance policy that did not exclude or limit

coverage for losses from viruses or communicable diseases like COVID-

19, no pandemic-exclusion clause (¶63); business income coverage; civil

authority coverage; sue and labor coverage; extra expense coverage.

Suspension: On March 24, 2020, Johnson County, Kansas issued a stay-home order; On

March 28, 2020, The Kansas Governor issued executive order establishing

a statewide “stay-home” which superseded the Johnson County Order (¶36).

“Johnson County and the State of Kansas have issued stay-at-home-

orders… (¶15); even essential businesses have suffered due to staffing

concerns and implementation of extra cleaning and personal protective

equipment necessity (¶12);

Relief: DJ

Case Name: Promotional Headwear Int’l v. The Cincinnati Insurance Company, Inc.


Venue: USDC, District of Kansas

Pltf Atty: Stueve Siegel Hanson LLP (Kansas City, Missouri)

Langdon & Emison (Lexington, Missouri)



Claim: Wholesale distributor of headwear, bags, aprons, towels and other products,

including custom promotional caps sold to businesses across globe for

marketing purposes, with at least 16 distributors worldwide forced to

greatly reduce its operations due to COVID-19. “Current evidence shows

that the first death from COVID-19 occurred as early as February 6,

2020 – weeks earlier than previously reported, suggesting that the virus

has been circulated in the United States far longer than previously

assumed. It is likely customers, employees, and/or other visitors to the

insured property over the last two months were infected with the

coronavirus and thereby infected the insured property with the

coronavirus (¶15).

Coverage: All-risk commercial property insurance policy that did not exclude

pandemic coverage; Business Income coverage; Civil Authority coverage;

Extra Expense coverage; Ingress or Egress coverage; Sue and Labor

coverage. “The policy defines “suspension” to include the “slowdown or

cessation of your business activities” (¶21).

Suspension: On March 24, 2020, Johnson County, Kansas issued a stay-home order. On

March 28, 2020, the Kansas Governor issued an executive order

establishing a statewide “stay-home” order.

Relief: DJ

Case Name: Legal Sea Foods, LLC v. Strathmore Insurance Company

Venue: USDC, District of Massachusetts

Pltf Atty: Hunton Andrews Kurth LLP (Washington, DC)

Hunton Andrews Kurth LLP (Boston, Massachusetts)

Hunton Andrews Kurth LLP (Atlanta, Georgia)

Claim: Restaurant suffered business loss as a result of state and local closure orders.

Carry out or delivery is not feasible for Plaintiff, given its menu, brand and

business. Prospective denial.

Coverage: Commercial property insurance; physical loss; business income; extra

expense; all risk; “… the policy was entered into and became effective

on March 1, 2020, months after Strathmore had knowledge that the

novel virus, SARS-CoV-2, the causative agent for COVID-19, could

cause direct physical loss of or damage to property and months after

Strathmore had knowledge that businesses in China, Italy and

elsewhere in the world were being shuttered because of the presence

and spread of COVID-19” (¶2). No virus or pandemic exclusion or

limitation in the policy.

Suspension: “On March 16, 2020 at 10:00 p.m. the Mayor of the District of Columbia

ordered the suspension of restaurant table service” (¶66);

Relief: DJ

Case Name: Goodwood Brewing, LLC v. United Fire Group and United Fire & Casualty

Company

Venue: USDC, Western District of Kentucky

Pltf Atty: Morgan & Morgan Kentucky, PLLC (Lexington, Kentucky)

Mark A. Nation, Esquire (Longwood, Florida)

Claim: Brewpub and taproom suffered business loss as a result of state and local

closure orders. Plaintiff relies on dependent businesses to operate, and the

partnering bars and restaurants are not able to work together at this time.

Prospective denial.

Coverage: Commercial; Micro-Brewery Ultra Property Plus; Extra expense coverage;

Physical loss; “Defendant did not include the virus exclusion in the schedule

of forms applicable to Plaintiff’s Kentucky properties.”… “therefore, direct

physical loss from virus, pandemic, or the threat of virus or pandemic is a

Covered Cause of Loss under the Policy for the Kentucky properties”. (¶18-

19); Civil Authority Additional Coverage. “Plaintiff’s Louisville property

is located within a half-mile of the University of Louisville Hospital . . .

persons with COVID-19 have suffered from the virus, and died from

the virus within a mile of Goodwood’s property” (¶42).

Suspension: “On March 16, 2020 the Kentucky Cabinet for Health and Family Services,

Department of Public Health and the Public Protection Cabinet, Alcoholic

Beverage Control issued an Order …. Food and beverage sales are restricted

to carry-out, delivery and drive-thru only; no onsite consumption is

permitted”. (¶28);

Relief: DJ

Case Name: Doug Coates and Marcia Hille v. Foremost Insurance Company (National

Class Action)

Venue: USDC, Western District of Michigan

Pltf Atty: Dicello Levitt Gutzler LLC (Chicago, Illinois)




Claim: Short term vacation rental business suffered business loss due to closure

orders issued which prohibit occupancy of vacation lodges by civil

authorities in Oregon. Prospective denial.

Coverage: All Risk; Loss of rents coverage; Property coverage;

Suspension: “On March 22, 2020, Tillamook County issued an order requiring the

closure of all transient lodging facilities, including short-term vacation

rentals. This order has been in effect since noon on March 23, 2020”. (¶19);

Relief: DJ

Case Name: O’Brien Sales and Marketing Inc. v. Transportation Insurance Company


Venue: USDC, Northern District of California

Pltf Atty: Schneider Wallace Cottrell Konecky LLP (Emeryville, California)

Claim: Marketing agency suffered damage by the presence of COVID-19 and

resulting suspension of business. Lost business income and paid extra

expense due to COVID-19. Prospective denial.

Coverage: All Risk; Special Property; Business Income; Extra Expense; Civil

Authority

Suspension: The Governor of California issued Executive Order N-33-20, which limits

and reduces business operations.

Relief: DJ

Case Name: Pigment Inc v. The Hartford Financial Services Group, Inc. and Sentinel

Insurance Company, LTD. (National Class Action)

Venue: USDC, Southern District of California

Pltf Atty: Robbins Geller Rudman & Dowd (San Diego, California)

Robbins Geller Rudman & Dowd (Boca Raton, Florida)

Robbins Geller Rudman & Dowd (Melville, New York)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. (Roseland, New

Jersey)

Seeger Weiss LLP (New York, New York)

Claim: Retail locations selling artisan-crafted home goods, furniture, plants and

hosting community workshops and events has suffered damage by the

presence of COVID-19. Prospective denial.

Coverage: All risk; commercial property; business income; civil authority; extra

expense;

Suspension: Issuance of COVID-19 Civil Authority Orders to “shelter in place” or “stay

at home”.


Case Name: Nari Suda LLC d/b/a Nari and Pakin Corporation d/b/a Kin Khao v. Oregon

Mutual Insurance Company (National Class Action)

Venue: USDC, Northern District of California – San Francisco Division

Pltf Atty: Lieff Cabraser Heimann & Bernstein, LLP (San Francisco, California)

Law Office of Alexandra L. Foote, P.C. (San Francisco, California)

Claim: Celebrated, Michelin star award winning San Francisco Thai fusion

restaurants suffered damage by the force of business closure due to COVID-

19. Employees were furloughed, and later laid off, but the Restaurants have

continued funding medical benefits for employees, but their ability to

continue to do so is limited. Prospective denial.

Coverage: All risk; Business interruption; Lost Business Income; Civil Authority; no

language covering catastrophic disease outbreaks, like pandemics.

Suspension: Issuance of COVID-19 Civil Authority Order on March 16, 2020 stating,

“restaurants and cafes – regardless of their seating capacity – that serve food

are ordered closed except solely for takeout and delivery service” (¶32).

Unable to mitigate the loss despite numerous, creative attempts to

implement methods of service that are not typical for this business pre-

pandemic.


Case Name: Kingray Inc. d/b/a LA Quinta Beer Hunter v. Farmers Group Inc., Farmers

Insurance Company, Inc. and Truck Insurance Exchange (National Class

Action)

Venue: USDC, Central District of California

Pltf Atty: Law Office of Robert G. Loewy, P.C. (Aliso Viejo, California)

Robbins Geller Rudman & Dowd LLP (San Diego, California)

Robbins Geller Rudman & Dowd LLP (Boca Raton, Florida)

Robbins Geller Rudman & Dowd LLP (Melville, New York)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. (Roseland, New

Jersey)

Seeger Weiss LLP (New York, New York)

Zwerling, Schachter & Zwerling, LLP (New York, New York)

Claim: Sports bar and Grill suffered loss due to COVID-19. Prospective denial.

Coverage: All risk; Business interruption; Commercial property; does not exclude

coverage for pandemics. “Plaintiff’s exclusion of loss due to virus or

bacteria provision does not exclude plaintiff’s losses because the

efficient proximate cause of losses was precautionary measures taken

by its state to prevent the spread of COVID-19 in the future, not

because coronavirus was found on or around plaintiff’s insured

property”. (¶49)

Suspension: “On March 19, 2020, Gov. Newsom issued Executive Order N-33-20, a

civil authority order that required all residents to stay home . . . including

plaintiff’s retail locations, have been ordered to close their doors”. (¶4).


Case Name: Hair Perfect International, Inc. v. Sentinel Insurance Company, Limited,

d/b/a The Hartford (National Class Action)

Venue: USDC, Central District of California – Western Division

Pltf Atty: Johnston & Hutchinson LLP (Los Angeles, California)

Law Offices of Robert L. Shapiro (Los Angeles, California)

The Kneafsey Firm (Los Angeles, California)

The Ammons Law Firm, LLP (Houston, Texas)

Claim: Suffered loss due to COVID-19. Prospective denial.

Coverage: Special property; business income; extra expense, civil authority; sue and

labor coverages; limited fungi, bacteria or virus coverage.

Suspension: “On March 22, 2020, the Health Officer for the City of Pasadena,

California, issued a revised Health Officer Order closing non-essential

businesses, including businesses like Plaintiffs. (¶36).


Case Name: Valley Lodge Corp. v. Society Insurance, a Mutual Company

Venue: USDC, Northern District of Illinois – Eastern Division

Pltf Atty: Clifford Law Offices, P.C. (Chicago, Illinois)

Claim: Casual dining restaurant suffered loss due to COVID-19. Prospective

denial. “Despite Society Insurance’s express promise in its policy to

cover the Plaintiff’s business interruption losses when the government

forces a closure, Society Insurance has issued blanket denials to

Plaintiff . . . often within hours of receiving a claim”. (¶5) “On March

16, 2020, before Plaintiff had submitted its claim, the CEO of Society

Insurance circulated a memo . . . Society Insurance’s policies would

likely not provide coverage for losses due to a governmental imposed

shut down due to COVID-10 (coronavirus).” (¶6)

Coverage: All risk; Business interruption; does not include an exclusion for loss caused

by a virus

Suspension: Closure orders by Illinois Governor Pritzker.


Case Name: JDL INC d/b/a Vegas Image and LV Candy LLC v. Valley Forge Insurance

Company (National Class Action)

Venue: USDC, Northern District of Illinois

Pltf Atty: Dicello Levitt Gutzler LLC (Chicago, Illinois)




Claim: Distributor of bulk casino and gambling-themed chocolates and candy gift

boxes, plus plush toys existence is threatened over COVID-19. Prospective

denial.

Coverage: All risk; Special property; business income; extra expense, civil authority;

extra expense; sue and labor. Does not include any exclusion for losses

caused by the spread of viruses or communicable diseases.

Suspension: “On or about March 20, 2020, the State of Nevada issued a civil authority

order and regulations requiring the closure of non-essential businesses”.

(¶29).


Case Name: Kedzie Boulevard Café, Inc., Elsewhere, LLC and Flying Squirrel

Industries, LLC v. Society Insurance, Inc.

Venue: USDC, Northern District of Illinois

Pltf Atty: Leonard Meyer LLP (Chicago, Illinois)

Claim: Bar/restaurants forced by COVID-19 and governmental orders of the State

of Illinois to close. Prospective denial.

Coverage: Business income; business interruption; do not exclude losses arising or

resulting from viruses or pandemics.

Suspension: “On or about March 15, 2020, Governor Pritzker issued an Executive Order

closing all restaurants, bars . . . in an attempt to control and respond to the

COVID-19 pandemic.” (¶12). “On or about March 20, 2020, Governor

Pritzker issued an Executive Order . . . . all non-essential businesses must

close” (¶14).

Relief: DJ, breach of contract, bad faith

Case Name: 351 Kingsbury Corner, LLC d/b/a The Hampton Social and The Bassment

v. Society Insurance

Venue: USDC, Northern District of Illinois – Eastern District

Pltf Atty: Meyers and Flowers, LLC (St. Charles, Illinois)

Weisman, Kennedy & Berris (Cleveland, Ohio)

Claim: Restaurant/musical cocktail lounge forced by COVID-19 and governmental

orders of the State of Illinois to close. Prospective denial, communication

prior to submission of claim. Contrary to the law of Illinois. “Illinois courts

have consistently held that the presence of a dangerous substance in a

property constitutes physical loss or damage”. (¶8).

Coverage: All risk; Business interruption; does not exclude losses arising or resulting

from viruses.

Suspension: State of Illinois closure orders forced a halt in ordinary operations.

Relief: DJ, breach of contract, bad faith

Case Name: 3 Squares LLC, d/b/a 3 Squares Diner and Yusho LLC, d/b/a Jam

Restaurant v. The Cincinnati Insurance Company (National class action)


Pltf Atty: Romanucci & Blandin, LLC (Chicago, Illinois)

Spangenberg, Shibley & Liber, LLP (Cleveland, Ohio)

Rutter & Russin, LLC (Cleveland, Ohio)

Claim: Restaurant forced to close by COVID-19 and governmental orders of the

State of Illinois to close. Prospective denial.

Coverage: Business income; extra expense, civil authority. No inclusion of the ISO

standard virus exclusion form in Defendants policies. “Other than

reference to a computer virus, the Policies include no exclusion that

references the word virus” (¶17). “The term civil authority is not

defined in the Policies” (¶20).

Suspension: State of Illinois closure orders forced a halt in ordinary operations.

Relief: DJ

Case Name: Image Dental, LLC v. Citizens Insurance Company of America (National

class action)


Pltf Atty: The Law Offices of Michael M. Mulder (Evanston, Illinois)

Schneider Wallace Cottrell Konecky LLP (Emeryville, California)

Schneider Wallace Cottrell Konecky LLP (Houston, Texas)

Claim: Dental offices that focus on elective dental procedures, routine cleanings

and cosmetic procedures forced to close due to orders by the State of

Illinois. Prospective denial. “Citizens agent stated “Your Business

Owners Policy does not extend coverage for the business income due to

the Coronavirus. We are not aware of any insurance policy that would

provide coverage, this is an industry wide standard” (¶7).

Coverage: All risk; business interruption; civil authority; extra expense, business

income; Nothing in the policy excludes losses from a pandemic.

Suspension: American Dental Association recommendation to postpone elective

procedures; Executive Order 2020-10 by Illinois Governor Pritzker closing

all “non-essential” businesses.

Relief: DJ

Case Name: Roscoe Same LLC, Big & Little’s Lakeview LLC and Big & Little’s Empire

LLC v. Society Insurance (National class action)


Pltf Atty: Barnow and Associates, P.C. (Chicago, Illinois)

Blood Hurst & O’Reardon, LLP (San Diego, California)

Claim: Restaurants serving gourmet fast food and Thai food forced to stop normal

restaurant operation due to the State of Illinois response to COVID-19.

Large percentage of business dropped due to stay-at-home orders and

increase in costs for restaurants to pay delivery app companies (¶22).

Prospective denial.

Coverage: Business Income; civil authority; extra expense; does not exclude losses

from pandemics.

Suspension: Governor Pritzker’s order closing all inessential business, stay-at-home

order until May 30, 2020.

Relief: DJ, Breach of Contract

Case Name: JDS 1455, Inc. d/b/a West On North v. Society Insurance (National class

action)


Pltf Atty: Sperling & Slater, P.C. (Chicago, Illinois)

Klevatt & Associates, LLC (Chicago, Illinois)

Law Office of Marcy W. Reinfranck (Northbrook, Illinois)

Claim: Restaurants and bar forced to halt ordinary operations due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business Interruption; Businessowners Special Property

Coverage; No virus exclusion

Suspension: Governor’s order which does not permit “food to be eaten at the site

where it is provided, or at any other gathering site due to the virus’s

propensity to physically impact surfaces and personal property” (¶16).

Relief: Compensatory damages; Breach of Contract

Case Name: Kenneth Seifert d/b/a The Hair Place and Harmar Barbers, Inc. v. IMT

Insurance Company (National class action)

Venue: USDC, District of Minnesota

Pltf Atty: Gustafson Gluek PLLC (Minneapolis, Minnesota)

Gustafson Gluek PLLC (San Diego, California)

Throndset Michenfelder, LLC (St. Michael, Minnesota)

Lockridge Grindal Nauen, P.L.L.P. (Minneapolis, Minnesota)

Claim: Hair salon and barber shop forced to halt ordinary operations due to

COVID-19. Prospective denial.

Coverage: All risk; Businessowner’s Owners Insurance; Commercial Property

Coverages;

Suspension: Governor of Minnesota’s Executive Order requiring closure of businesses

such as Plaintiffs, in an attempt to protect the public from the spread of

COVID-19.

Relief: Breach of Contract; DJ

Case Name: Young Blood Coffee Roasters, LLC v. State Auto Property and Casualty

Insurance Co. (National class action)


Pltf Atty: Schwebel Goetz & Sieben, P.A. (Minneapolis, Minnesota)

Stueve Siegel Hanson LLP (Kansas City, Missouri)

Langdon & Emison LLC (Lexington, Missouri)



Claim: Coffee Roaster Café with locations in Minnesota and North Dakota forced

to halt ordinary operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil Authority; Property Insurance; Sue and Labor Coverage; No

virus exclusion

Suspension: Governor of Minnesota’s Executive Order requiring closure restaurants and

cafes, as well as stay-at-home orders have impacted Plaintiff’s business.

North Dakota location was able to re-open on May 1, 2020, with 50%

capacity, tables 6 feet apart, and a 4 hour a day closure window for deep

cleaning. (¶30).


Case Name: Lucy’s Burgers, LLC v. Society Insurance, Inc.


Pltf Atty: GDO Law (White Bear Lake, Minnesota)

Claim: Restaurant forced to cease operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil Authority; Businessowners Policy; Business Interruption; No

virus exclusion

Suspension: Minnesota Governor Walz ordered all restaurants and bars closed to the

public, beginning on March 17, 2020.

Relief: Breach of Contract; DJ; Statutory Bad Faith

Case Name: Studio 417, Inc. v. The Cincinnati Insurance Company (National Class

Action)

Venue: USDC, Western District of Missouri – Southern Division

Pltf Atty: Boulware Law LLC (Kansas City, Missouri)

Votava Nantz & Johnson, LLC (Kansas City, Missouri)

Claim: Hair Salon forced to cease operations due to COVID-19. Prospective denial.

Coverage: All risk; Building and Personal Property Coverage; Business Income; Extra

Expense, Civil Authority; Sue and Labor; No virus exclusion

Suspension: State of Missouri required the suspension of business to minimize the

spread of COVID-19.

Relief: DJ; Breach of Contract;

Case Name: Grand Street Dining, LLC, GSD Lenexa, LLC and Trezomare Operating

Company, LLC v. The Cincinnati Insurance Company (National Class

Action)

Venue: USDC, Western District of Missouri – Western Division

Pltf Atty: Wagstaff & Cartmell LLP (Kansas City, Missouri)

Claim: Fine dining restaurants with catering to wedding and event spaces forced to

limit operations due to COVID-19. Prospective denial.

Coverage: All Risk; Business Income; Property Coverage; Extra Expense; Civil

Authority; No virus exclusion

Suspension: State of Missouri closure order required the suspension of business to

minimize the spread of COVID-19. “On March 12, 2020, Quinton D.

Lucas, the Mayor of the City of Kansas City, Missouri, issued a

proclamation declaring a state of emergency . . . . to protect life and

property” (¶46).


Case Name: Boozer-Lindsey, P.A., L.L.C., d/b/a Athens Dental Works v. Sentinel

Insurance Company, Ltd., a wholly owned subsidiary of The Hartford

Venue: USDC, Eastern District of Texas – Tyler Division

Pltf Atty: Miller Weisbrod, LLP (Dallas, Texas)

Claim: Dental care office forced to close on March 19, 2020 due to COVID-19.

Prospective denial. Sentinel sent a letter to Plaintiff on April 1, 2020,

“coronavirus did not cause property damage at your place of business

. . . [e]ven if the virus did cause damage, it is excluded from the policy .

. .” (¶21)

Coverage: All risk; Business income; Civil authority; First-party property; business

personal property; extra expense. Virus exclusion, “Defendant ignores the

fact that the exclusion states that it applies only to the [p]resence,

growth, proliferation, spread . . . it does not state that it applies to a loss

caused by the need to prevent against the threat of viral transmission”

(¶22).

Suspension: State of Texas closure order.

Relief: DJ; Breach of Contract; Bad Faith

Case Name: Salum Restaurant LTD d/b/a Salum Restaurant v. The Travelers Indemnity

Company

Venue: USDC, Northern District of Texas – Dallas Division

Pltf Atty: Fears Nachawati, PLLC (Dallas, Texas)

Lemaster & Ahmed PLLC (Plano, Texas)

Claim: Fine dining restaurant and formal catering company forced to close due to


Coverage: Business income; Civil authority; No virus exclusion

Suspension: Dallas County and City of Dallas “Stay Home Stay Safe” orders prohibiting

all dine-in services. The nature of this restaurant is fine dining and formal

catering, so curbside was not an option.


Case Name: Frosch Holdco, Inc. d/b/a Frosch; Frosch International Travel, LLC d/b/a

Frosch Travel; and FT Travel, Inc. v. The Travelers Indemnity Company

and The Charter Oak Fire Insurance Company

Venue: USDC, Southern District of Texas – Houston Division

Pltf Atty: Fears Nachawati, PLLC (Dallas, Texas)

Claim: International travel agency service with offices in multiple states and

international locations forced to close due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Business income; Virus exclusion

Suspension: Quarantine, shelter-in-place and stay-home orders issued in the United

States forcing suspension of business and personal travel.

Relief: DJ; Breach of Contract; Bad Faith; Violation of Texas Insurance Code

Case Name: Geneva Foreign & Sports, Inc., v. Erie Insurance Company of New York;

Erie Insurance Company; and Erie Indemnity Company doing business as

Erie Insurance Exchange (National Class Action)

Venue: USDC, Western District of Pennsylvania

Pltf Atty: Edelson PC (Chicago, Illinois)

Edelson PC (San Francisco, California)

Claim: Car service and sales centers in New York area forced to close due to


Coverage: All risk; Business interruption; Income protection; Extra expense; Civil

authority; No virus exclusion

Suspension: State of New York closure orders, noting Mayor Bill DeBlasio of New York

City who said, on March 16, 2020 “The virus physically is causing property

loss and damage” (¶40). Business is considered non-essential, and thus has

remained closed since the closure orders went into effect.

Relief: DJ; Breach of Contract; Judgment (deceptive acts and practices)

Case Name: Eric R. Shantzer, DDS d/b/a Richboro Dental Excellence v. Travelers

Casualty Insurance Company of America, The Travelers Indemnity

Company

Venue: USDC, Eastern District of Pennsylvania

Pltf Atty: Levin Sedran & Berman, L.L.P. (Philadelphia, Pennsylvania)



Alabama)

Claim: Dental office locations forced to close for all appointments, except

emergency treatments, due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Civil authority; Extra expense; Contamination;

No virus exclusion

Suspension: Governor Wolf and Pennsylvania Secretary of Health – stay-at-home order

through May 8, 2020; closure of non-life-sustaining business.

Relief: DJ

Case Name: Sidkoff, Pincus & Green PC v. Sentinel Insurance Company, Limited


Pltf Atty: Golomb & Honik (Philadelphia, Pennsylvania)

Levin Sedran & Berman, L.L.P. (Philadelphia, Pennsylvania)


Alabama)

Claim: Law firm forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Extra expense; Civil authority; Contamination

coverage; No specific exclusion of virus coverage “we will pay for loss

or damage by “fungi”, wet rot, dry rot, bacteria and virus.” (¶19).

Suspension: State and Local Orders requiring all non-life-sustaining businesses in

Commonwealth to cease operations.

Relief: DJ

Case Name: Newchops Restaurant Comcast LLC, doing business as Chops v. Admiral

Indemnity Company


Pltf Atty: Golomb & Honik (Philadelphia, Pennsylvania)

Levin Sedran & Berman, L.L.P. (Philadelphia, Pennsylvania)

Claim: Restaurant forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income and extra expense; Business

personal property; contamination; “The Policy’s Exclusion of Loss Due to

Virus or Bacteria does not apply to the business losses incurred by

Plaintiff here.” (¶19b)

Suspension: Closed to customers on March 16, 2020, due to State and local orders.

Relief: DJ

Case Name: Windber Hospital d/b/a Chan Soon Shiong Medical Center v. Travelers

Property Casualty Company of America (National Class Action)

Venue: USDC, Western District of Pennsylvania

Pltf Atty: Haggerty, Goldberg, Schleifer & Kupersmith, P.C. (Philadelphia,

Pennsylvania)

Schmit Kramer, P.C. (Harrisburg, Pennsylvania)

Jack Goodrich & Associates (Pittsburgh, Pennsylvania)

Kohn, Swift & Graf, P.C. (Philadelphia, Pennsylvania)

Claim: Medical center forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Extra expense; Contamination; Civil authority;

No virus exclusion

Suspension: Closed due to Governor Tom Wolf’s Order requiring all non-life-sustaining

businesses to cease operation.

Relief: DJ

Case Name: Ronald A. Mikkelson DDS v. Aspen American Insurance Company


Venue: USDC, Western District of Washington at Tacoma

Pltf Atty: Keller Rohrback L.L.P. (Seattle, Washington)

Keller Rohrback L.L.P. (Santa Barbara, California)

Claim: Dentistry practice forced to close for all procedures, except for on an

emergency basis due to COVID-19. Prospective denial.

Coverage: All risk; Business interruption; Extra expense; Civil authority; No virus

exclusion

Suspension: Closed pursuant to Governor Inslee’s orders. Dentist’s such as Plaintiff

were permitted to preform emergency and urgent procedures, but nothing

else.

Relief: DJ; Breach of Contract

Case Name: Jennifer B. Nguyen v. Travelers Casualty Insurance Company of America


Venue: USDC, Western District of Washington at Seattle



Claim: Dentistry practice forced to close for all procedure due to COVID-19.

Prospective denial.

Coverage: Business income coverage; extra expense; extended business income; civil

authority; No virus exclusion

Suspension: Closed pursuant to Governor Inslee’s orders.


Case Name: Mudpie, Inc., v. Travelers Casualty Insurance Company of America



Pltf Atty: Gibbs Law Group LLP (Oakland, California)

Cohen Milstein Sellers & Toll PLLC (Washington, DC)

Claim: Retail store selling fine children’s clothing, books, and other goods forced

to close due to COVID-19. Curbside sales and delivery have since been

permitted. Prospective denial.

Coverage: Business interruption; Commercial liability; Civil authority; No virus

exclusion

Suspension: On March 19, 2020, California’s Governor Newsome enacted a “stay at

home” order which has forced the closure of in person business for the states

retailers.

Relief: DJ; Breach of Contract; Breach of Good Faith and Fair Dealing

Case Name: Raven and The Bow, LLC d/b/a Ivy Room v. First Mercury Insurance

Company (National Class Action)


Pltf Atty: Gibbs Law Group LLP (Oakland, California)

Cohen Milstein Sellers & Toll PLLC (Washington, DC)

Claim: Music venue forced to close due to COVID-19. This closure not only

threatens bars and employees, but California’s music scene as well. “Even

when California relaxes or revokes its mandates, Ivy Room will

encounter continued loss of business income due to those orders

because, in issuing those orders, government officials have stated that

densely occupied public spaces are dangerously unsafe, and continuing

to operate the venue in the same manner as before could expose Ivy

Room to the risk of contaminated premises as well as exposing

customers and workers to transmission and infection risks”. (¶29)

Prospective denial.

Coverage: Business interruption; Commercial liability; Property Insurance; Business

income; Civil authority; No virus exclusion

Suspension: On March 19, 2020, California’s Governor Newsome enacted a “stay at

home” order which has forced the closure of Plaintiff’s music venue.


Case Name: Border Chicken AZ LLC v. Nationwide Mutual Insurance Company, and

Allied Property & Casualty Insurance Co. (National Class Action)

Venue: USDC, District of Arizona

Pltf Atty: Bonnett Fairbourn Friedman & Balint, P.C. (Phoenix, Arizona)

Kaufman, Coren & Ress, P.C. (Philadelphia, Pennsylvania)

Fleischman Bonner & Rocco LLP (White Plains, New York)

Claim: Fast-food restaurants with chains in multiple states forced to switch to drive

up, delivery and pick up operations. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; No virus exclusion

Suspension: On March 19, 2020, Governor Ducey of Arizona limited operations of food

businesses through drive up, delivery and pick up operations to slow the

spread of COVID-19. Other states which house Plaintiff’s other franchises

executed similar orders.


Case Name: Dr. Jeffrey Milton, DDS, Inc., v. Hartford Casualty Insurance Company.









Claim: Pediatric specialty dentist forced to suspend business due to COVID-19.

Prospective denial.

Coverage: All risk; income; Civil authority; Business income; Extra expense; Virus

coverage endorsement

Suspension: On March 18, 2020, the Ohio State Dental Board issued an advisory that all

non-essential or elective dental procedures should be postponed, and on

March 22, 2020, the State of Ohio issued a civil authority requiring closure

of non-essential businesses.


Case Name: ONE04 Beauty Lounge LLC v. Sentinel Insurance Company, Ltd. (National

Class Action)








Claim: Personal care and beauty salon forced to reduce and suspend business due

to COVID-19. Prospective denial.

Coverage: All risk; business income; Civil authority; Business income; Extra expense;

Virus coverage endorsement

Suspension: On March 20, 2020 the State of Nevada issued a civil authority requiring

the closure of non-essential businesses.


Case Name: SA Palm Beach LLC v. Certain Underwriters at Lloyd’s London, and

Underwriters at Lloyd’s London Known as Syndicates CNP 4444, AFB

2623, AFB 623, BRT 2987, BRT 2988, NEO 2468, SAM 727, AXS1686,

XIS H4202, QBE 1886, DUW 1729, WBC 5886, CHN 2015, HDU 382,

MSP 318, AGR 3268, APL 1969, ACS 1856, AMA 1200, TAL 1183 and

PPP 9981 (National Class Action)

Venue: USDC, Southern District of Florida

Pltf Atty: Robbins Geller Rudman & Dowd LLP (Boca Raton, Florida)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello (Roseland, New Jersey)

Seeger Weiss (Ridgefield Park, New Jersey)


The Sacks Firm (Parkland, Florida)

Claim: Restaurant forced to suspend business due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Business interruption; Business income; Extra

expense; Virus exclusion – “Total Mold, Mildew or Other Fungi Exclusion

. . . organic pathogen” (¶32).

Suspension: On March 20, 2020, Governor DeSantis issued an Executive Order which

prohibited any food service establishment from serving the public, with

permission to participate in delivery and take-out.


Case Name: 10E, LLC, v. The Travelers Indemnity Company of Connecticut, a

corporation; Eric Garcetti, an individual, and; DOES 1 to 25, inclusive

Venue: Superior Court of the State of California – Los Angeles County

Pltf Atty: Geragos & Geragos, APC (Los Angeles, California)

Dhillon Law Group Inc. (San Francisco, California)

Claim: Restaurant business closed due to COVID-19. Delivery and take-out

services are permitted, but Plaintiff’s business is not set up in that fashion.

Additionally, Plaintiff’s staff did not want to work out of fear of contracting

the virus. Plaintiff names Los Angeles Mayor Garcetti in action.

Prospective denial.

Coverage: All risk; Business income; Extra expense; Civil authority; No virus

exclusion

Suspension: Civil authority closure due to a statewide stay at home order.

Relief: DJ

Case Name: Map Legacy Inc. d/b/a Signature Grand v. Zurich American Insurance

Company


Pltf Atty: Cassel & Cassel, P.A. (Hollywood, Florida)

Claim: Reception venue forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; No virus exclusion – a Microorganism exclusion

exists, which reads, in part, “We will pay the following when

microorganisms are the result of a covered cause of loss, other than fire

or lightening . . . including the cost of removal of the microorganisms .

. . the reasonable cost of testing performed after removal, repair,

replacement or restoration of the damaged property is completed there

is a reason to believe microorganisms are still present” (¶28). Plaintiff

feels the microorganism’s coverage is unclear and contradictory.

Suspension: March 22, 2020 Broward County Emergency Order forcing closure of non-

essential business to help stop the spread of COVID-19.


Case Name: Fitness OM LLC d/b/a Club Pilates v. Arch Insurance Company


Pltf Atty: Mark A. Nation, Esquire (Longwood, Florida)

Morgan & Morgan, P.A. (Miami, Florida)

Claim: Fitness studio forced to close due to COVID-19. Prospective denial.

Coverage: Business income; extra expense; covered property; No virus exclusion;

Governmental action exclusion

Suspension: On March 20, 2020, Governor DeSantis issued Executive Order No. 20-71

which ordered closure of gyms and fitness centers.


Case Name: Sun Cuisine, LLC d/b/a Zest Restaurant and Market v. Certain Underwriters

at Lloyd’s London Subscribing to Contract Number B0429BA1900350

Under Collective Certificate Endorsement 350OR100802 (National Class

Action)


Pltf Atty: Kozyak Tropin & Throckmorton LLP (Coral Gables, Florida)

Kopelowitz Ostrow Ferguson Weiselberg Gilbert (Fort Lauderdale, Florida)

Claim: Restaurant and related food and beverage operation forced to switch to

delivery only, which has resulted in a significant drop in business.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; No virus

exclusion;

Suspension: On March 17, 2020, Miami-Dade County Mayor Carlos Gimenez issued an

Emergency Order which closed all restaurants, other than for delivery.


Case Name: Dunlays Management Services LLC d/b/a 4 Star Restaurant Group,

Dunlays Roscoe LLC, O’Daddy, LLC, Duntell LLC, Southport LLC d/b/a

Crosby’s Kitchen and d/b/a Ella Eli; 4 Star 3455 LLC, Doc West LLC, 4

Star 20 North LLC d/b/a Remington’s Chicago, 4 Star 160 LLC d/b/a The

Windsor, 4 Star 3358 Southport LLC d/b/a Tuco & Blondie, O’Daddy

Wrigley, LLC, Smoke Daddy Foods, LLC v. Society Insurance (National

Class Action)

Venue: USDC, Northern District of Illinois – Eastern Division

Pltf Atty: Hart McLaughlin & Eldridge, LLC (Chicago, Illinois)

Kabateck LLP (Los Angeles, California)

Claim: Taverns and restaurants forced to reduce and close their businesses due to


Coverage: Civil authority; Business income; Business personal property; Extra

expense; No virus exclusion;

Suspension: On March 20, 2020, the Governor for the State of Illinois, JB Pritzker,

issued an Executive Order outlining the closure of non-essential businesses.

Plaintiff’s dine-in restaurants were not considered essential.

Relief: Breach of Contract

Case Name: Odyssey Imports, Inc. v. The Charter Oak Fire Insurance Company

Venue: USDC, Western District of Louisiana

Pltf Atty: Herman, Herman & Katz, LLC (New Orleans, Louisiana)

Claim: Wholesale home décor distributor forced to close down amid non-essential

business closure orders. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Alterations and

New Buildings; Interruption of Computer Operations; Delayed net income

loss; No virus exclusion;

Suspension: On March 23, 2020, business was closed due to emergency proclamations

issued by Governor Edwards.

Relief: Breach of Contract; Bad Faith;

Case Name: Project Lion LLC, d/b/a Greek Sneek, Project M LLC d/b/a LA Comida,

and Project W LLC, d/b/a LA Cave v. Badger Mutual Insurance Company


Venue: USDC, District of Nevada

Pltf Atty: The O’Mara Law Firm, P.C. (Reno, Nevada)


Seeger Weiss (New York, New York)



Claim: Food service establishments forced to halt operation due to COVID-19.

Plaintiffs note that their loss was due to government restriction to prevent

the spread of the virus, not due to Coronavirus being found in or on their

insured property. Prospective denial.

Coverage: All risk; Business interruption; Virus or bacteria exclusion which

contains the following language “we do not pay for loss, cost or expense

cause by, resulting from, or relating to any virus, bacterium or other

microorganism that causes disease, illness or physical distress or that is

capable of causing disease, illness or physical distress (¶44).”; Civil

authority exclusion contains the following language “we do not cover

loss caused by order of civil authority, including seizure, confiscation,

destruction, or quarantine of property” (¶42).

Suspension: Businesses closed due to Governmental closure orders.


Case Name: Egg Works Holding Company, LLC; E&I, Catering, LLC; EW Live, LLC

dba Egg Works; Egg and I, LLC; Egg Works, LLC; Egg Works 2, LLC;

Egg Works 3, LLC; Egg Works 4, LLC; Egg Works 5, LLC; Egg Works 6,

LLC; and EW Commissary, LLC v. Acuity, A Mutual Insurance Company



Pltf Atty: Arias Sanguinetti Wang & Torrijos, LLP (Las Vegas, Nevada)

Arias Sanguinetti Wang & Torrijos, LLP (Los Angeles, California)

Brayton Purcell, LLP (Novato, California)

Claim: Family owned and operated restaurant group which employs over 400

Nevada residents forced to suspend operations due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; General liability; Excess liability; Bis-Pak liability;

Business interruption; Extra expense; Virus exclusion which contains the

following language: “that induces or is capable of inducing physical

distress, illness or disease” (¶41).

Suspension: On March 20, 2020, Nevada Governor Sisolak issued a Declaration of

Emergency Directive which closed non-essential businesses and ceased in-

person dining at restaurants.

Relief: Breach of Contract; Bad Faith; Declaratory Relief

Case Name: Egg and I, LLC; Egg Works, LLC; Egg Works 2, LLC; Egg Works 3, LLC;

Egg Works 4, LLC; Egg Works 5, LLC; Egg Works 6, LLC and EW

Commissary, LLC v. U.S. Specialty Insurance Company; Professional

Indemnity Agency, Inc. d/b/a Tokio Marine, HCC-Specialty Group



Pltf Atty: Arias Sanguinetti Wang & Torrijos, LLP (Las Vegas, Nevada)

Arias Sanguinetti Wang & Torrijos, LLP (Los Angeles, California)

Brayton Purcell, LLP (Novato, California)

Claim: Family owned and operated restaurant group which employs over 400

Nevada residents forced to suspend operations due to COVID-19.

Prospective denial.

Coverage: All risk; Restaurant recovery; Business income; Business interruption;

Extra expense; Accidental Contamination inclusion contains the

following language: “use or consumption of such insured product(s)

has resulted in or would result in clear, identifiable, internal or external

visible physical symptoms of bodily injury, sickness, disease, or death .

. . following such consumption or use” (¶30). “Insured projects is

defined in the Declarations Page of the Policy as “All retail restaurant

offerings served during the Policy period at any time at any of the

Insured’s Locations. . (¶31). Virus exclusion specific to Avian Influenza

Viruses (¶38).

Suspension: On March 20, 2020, Nevada Governor Sisolak issued a Declaration of

Emergency Directive which closed non-essential businesses and reduced

food service to delivery and curbside. In-person dining was prohibited.

Relief: Breach of Contract; Bad Faith; Declaratory Relief

Case Name: N&S Restaurant, LLC, v. Cumberland Mutual Fire Insurance Company


Venue: USDC, District New Jersey

Pltf Atty: Carella, Byrne, Cecchi, Olstein, Brody & Agnello (Roseland, New Jersey)




Claim: Restaurant forced to close as a result of Governmental orders due to


Coverage: All risk; Business interruption; Civil authority; Extra expense; Virus

exclusion which states “any virus, bacterium or other microorganism

that induces or is capable of inducing physical distress, illness or

disease” (¶38) – but Plaintiff claims this is not applicable, because their

losses were not due to anything other than the closure of their business for

precautionary measures.

Suspension: Restaurant closure due to Governmental stay-at-home orders.


Case Name: Café Plaza De Mesilla Inc., v. Continental Casualty Co (National Class

Action)

Venue: USDC, District of New Mexico

Pltf Atty: Durham, Pittard & Spalding, LLP (Santa Fe, New Mexico)

The Ammons Law Firm, LLP (Houston, Texas)

Claim: Restaurant and espresso bar whose existence is now threatened because of


Coverage: All risk; Special property coverage; Business income; Extra expense; Civil

authority; Sue and labor; No Virus exclusion;

Suspension: The Governor of New Mexico mandated the suspension of businesses,

including Plaintiff’s, which was followed up by a prohibition from

Secretary Kunkel outlining the removal of on-site consumption at

restaurants.


Case Name: Buffalo Xerographix Inc., v. Sentinel Insurance Company, Ltd., The

Hartford Insurance Group a/k/a The Hartford Financial Services Group,

Inc.; Hartford Fire Insurance Company; Hartford Accident and Indemnity

Company; Hartford Casualty Insurance Company; Hartford Insurance

Company of Illinois; Hartford Insurance Company of The Midwest;

Hartford Underwriters Insurance Company; New England Insurance

Company; New England Reinsurance Corporation; Pacific Insurance

Company, Limited; Property and Casualty Insurance Company of Hartford;

Trumbull Insurance Company and Twin City Fire Insurance Company


Venue: USDC, Western District of New York

Pltf Atty: Duke Holzman Photiadis & Gresens LLP (Buffalo, New York)

Claim: Plaintiff claims their employees, customers, vendors, and premises has been

exposed to the Virus. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business interruption; loss of

business income; No virus exclusion

Suspension: On March 20. 2020, New York Governor Andrew Cuomo reduced all non-

essential businesses’ on-site workers by 100%. As a result, Plaintiff ceased

operations.

Relief: Breach of Contract; Declaratory Relief

Case Name: Sharde Harvey DDS PLLC v. The Hartford Financial Services Group Inc.

and Sentinel Insurance Company LTD

Venue: USDC, Southern District of New York

Pltf Atty: Hecht, Kleeger & Damashek, PC (New York, New York)



Robert Pierce & Associates (Pittsburgh, Pennsylvania)


Alabama)

Claim: Dental office experiencing business loss due to limited ability. Plaintiff can

only preform emergency services once a week or once every two weeks and

cannot perform any of the usual preventative care. Prospective denial.

Coverage: All risk; Civil authority; No virus exclusion

Suspension: On March 20, 2020, New York Governor Andrew Cuomo issued a stay-at-

home order which caused Plaintiff’s practice to no longer function at full

capacity.

Relief: DJ

Case Name: Food for Thought Caterers Corp., v. The Hartford Financial Services Group,

Inc. and Sentinel Insurance Company, Ltd. (National Class Action)


Pltf Atty: Giskan Solotaroff & Anderson LLP (New York, New York)

Boni, Zack & Snyder LLC (Bala Cynwyd, Pennsylvania)

Langer, Grogan & Diver P.C. (Philadelphia, Pennsylvania)

Claim: Full-service catering business suffered direct loss and use of their business

as a result of civil authorities. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; No virus exclusion

Suspension: On March 12, 2020, New York Governor Andrew Cuomo ordered that any

large gathering or event in excess of 500 people be cancelled or postponed,

and all other gatherings operate at no more than 50% occupancy. On March

16, 2020, Governor Cuomo amended this order to cancel any gatherings and

cease on-premises food or beverage service. On March 23, 2020, Governor

Cuomo signed Executive Order No. 202.10 which ordered that “non-

essential gatherings of individuals of any size for any reason (e.g. parties,

celebrations or other social events) are cancelled or postponed at this time.”

(¶24).


Case Name: Red Apple Dental PC v. The Hartford Financial Services Group, Inc. and

Sentinel Insurance Company, LTD., (National Class Action)


Pltf Atty: Berger Montague PC (Washington, DC)

Berger Montague PC (Philadelphia, Pennsylvania)

Greg Coleman Law PC (Los Angeles, California)

Whitfield Bryson LLP (Raleigh, North Carolina)

Claim: Family dental practice forced to curtail its practice due to COVID-19 as a

result of local New York Governmental orders, as well as guidance from

the New York Department of Health. All non-emergency dental services

have been cancelled. Prospective denial.

Coverage: All risk; Civil authority; Business income; No virus exclusion

Suspension: On March 16, 2020, the American Dental Association recommended that

dentists postpone elective procedures. On March 20, 2020, New York

Governor Andrew Cuomo issued a stay-at-home order which caused

Plaintiff’s practice to no longer function at full capacity.


Case Name: Social Life Magazine, Inc., v. Sentinel Insurance Company Limited


Pltf Atty: Gabriel Fischbarg, Esq. (New York, New York)

Claim: Publication business is unable to function as intended due to the presence

of COVID-19 in New York. Due to the nature of their business, Plaintiff

and employees are unable to work from home. Prospective denial.

Coverage: Civil authority; Business loss; Business income; No virus exclusion

Suspension: New York State stay at home orders, Plaintiff is not able to telecommute.

Relief: DJ; Breach of Contract; Breach of Duty of Good Faith

Case Name: Lombardi’s Inc.; Lombardi’s Family Concepts, Inc.; Penne Snider, LLC;

Penne Preston, LLC; Alberto Lombardi Interests, LLC; Taverna Domain

Austin, LP; Café Toulouse River Oaks District, LP; Café Monaco HPV,

LLC; Penne Lakewood, LLC; Taverna Buckhead, LP; Taverna Domain

Austin LP; Taverna Domain Austin LP; Taverna Austin, LLC; Taverna Ft.

Worth, LLC; Toulouse Knox Bistro, LLC; Taverna Armstrong, L.L.C;

Toulouse Domain Austin, LP; Bistro 31 Legacy, LP; Taverna Legacy, LP;

Taverna Buckhead, LP; and Lombardi’s of Desert Passage, Inc. v.

Indemnity Insurance Company of North America

Venue: USDC – District of Dallas County

Pltf Atty: Munsch Hardt Kopf & Harr, P.C. (Dallas, Texas)

Claim: Restaurant group suffered loss as a result of the pandemic and health care

crisis. Prospective denial. Plaintiff notes discrepancy between their initial

conversations with CHUBB regarding coverage, and the blanket “no” they

received.

Coverage: All risk; Civil authority; First-party property; Business personal property;

Business income; Extra expense; “The Exclusion of Loss Due to Virus or

Bacteria has no application to the Lombardi’s claims in light of its plain

language. Alternatively, the exclusion is ambiguous and must be construed

in the light most favorable to Lombardi’s. Contrary to the assertions of

Chubb, this exclusion is not a pandemic exclusion” (¶35).

Suspension: On March 16, 2020, the County of Dallas amended an existing order to

provide “Restaurants with or without drive-in or drive-through services . . .

may only provide take out, delivery or drive-through services as allowed by

law” (¶18). Similar orders went into effect in other states where Plaintiff

has restaurants.

Relief: Breach of Contract; Breach of duty of good faith and fair dealing

Case Name: Café International Holding Company, LLC v. Chubb Limited and

Westchester Surplus Lines Insurance Company (National Class Action)


Pltf Atty: Podhurst Orseck, P.A. (Miami, Florida)

Boies Schiller Flexner LLP (Miami, Florida)

Claim: Fine dining restaurant forced to suspend business operations as a result of


Coverage: All risk; Business interruption; Extra expense; Civil authority; No virus

exclusion

Suspension: On March 20, 2020, the Governor of Florida issued an Executive Order

which requires restaurants such as Plaintiff’s to close on-premises food

service. On March 26, 2020, Broward County issued an amendment which

required the closure of all non-essential businesses, including restaurants

and bars.


Case Name: SA Hospitality Group, LLC, 1000 Madison Avenue LLC, Astoria Cakes

LLC, Café Focaccia, Inc., Realtek LLC, SA Midtown LLC, Bailey’s

Restaurant LLC, SA Special Events, Inc., Sase LLC, Eighty Third and First

LLC, 265 Lafayette Ristorante LLC, Felice Gold Street LLC, SA 61st

Management LLC, SA York Ave LLC, SA Third Ave Café LLC, SABF

LLC, Felice Chambers LLC, and Felice Water Street LLC v. Hartford

Financial Services Group, Inc., Hartford Fire Insurance Company and

Sentinal Insurance Company, Limited (National Class Action)


Pltf Atty: Carella, Byrne, Cecchi Olstein, Brody & Agnello (Roseland, New Jersey)




Claim: Restaurant group made up of dine-in restaurants, wine bars and cafes forced

to suspend business operations as a result of COVID-19. Nature of

Plaintiff’s business is an in-person model, not designed for takeout or

delivery. Prospective denial.

Coverage: All risk; Business interruption; Civil authority; Virus and bacteria

endorsement (Plaintiff claims this does not apply, as the loss was due to

precaution to prevent the spread of COVID-19, not caused by the virus

itself).

Suspension: New York State government enacted order requiring all non-essential

businesses to close.


Case Name: Thor Equities, LLC v. Factory Mutual Insurance Company


Pltf Atty: Mckool Smith, P.C. (New York, New York)

Claim: Owner of commercial real estate suffered loss as tenants have not paid rent

for non-essential businesses, hotels and other properties remain vacant due

to reduction in travel. Plaintiff notes confirmed presence of Coronavirus

at several of its properties (¶5). Prospective denial.

Coverage: Civil authority; Business interruption; Loss of rental income; Time element

coverage which notes interruption by communicable disease; Extra

expense; Property damage communicable disease response coverage and

decontamination costs; No virus exclusion – policy notes coverage for “loss

caused by the actual not suspected presence of communicable disease” (¶3).

Suspension: Many of the locations in which Plaintiff owns commercial property have

been placed under stay-at-home restrictions, with closure of non-essential

businesses which pay rent to Plaintiff.


Case Name: Stan’s Bar-B-Q LLC v. The Charter Oak Fire Insurance Company (National

Class Action)




Claim: Barbeque restaurant and catering business forced to operate on a limited

basis due to COVID-19. Prospective denial.

Coverage: Civil authority; Property; Business income; Extra expense; Extended


Suspension: Washington Governor Jay Inslee issued a stay home, stay healthy order

which closed non-essential businesses, and certain aspects of Plaintiff’s

business.


Case Name: Henderson Road Restaurant Systems, Inc. DBA Hyde Park Grille and

Coventry Restaurant Systems, Inc. DBA Hyde Park Chop House, and

Chagrin Restaurants LLC DBA Hyde Park Prime Steak House, and JR Park

LLC DBA Hyde Park Prime Steak House, HP CAP LLC DBA Hyde Park

Prime Steak House, NSHP, LLC DBA Hyde Park Prime Steakhouse, and

HPD Restaurant Systems Inc. DBA Hyde Park Prime Steakhouse, and 457

High Street Development LLC, and RJ Moreland Hills, LLC, and Cap

Restaurant Development LLC and Northville Development, LLC vs. Zurich

American Insurance Company (National Class Action)

Venue: Court of Common Pleas – Cuyahoga County, Ohio

Pltf Atty: Sonkin & Koberna, LLC (Cleveland, Ohio)

Claim: Fine dining restaurants located in Ohio, Pennsylvania, Michigan, Indiana

and Florida forced to close their locations due to COVID-19 and

governmental closure orders. Prospective denial.

Coverage: Civil authority; Business interruption; No virus exclusion

Suspension: Plaintiff’s Ohio restaurants have been closed since March 15, 2020 in

compliance with Governor DeWine’s orders. Plaintiff’s Pennsylvania

restaurant has been closed since March 16, 2020 to comply with the Disaster

Declaration Order. Plaintiff’s Florida restaurants have been closed since

March 20, 2020 to comply with the Governor’s executive order. Plaintiff’s

Michigan restaurants have been closed since March 16, 2020 to comply

with the Michigan Order, and Plaintiff’s Indiana restaurant has been closed

since March 16, 2020 to comply with the Indiana order.

Relief: DJ; Breach of Contract; Bad faith

Case Name: Ryan M. Fox, DDS v. Travelers Casualty Insurance Company of America





Claim: Dentistry practice forced to stop providing dentistry service due to COVID-

19 and state-ordered mandated closure. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Extended business

income; No virus exclusion


which closed non-essential businesses, including Plaintiff’s.


Case Name: Mark Germack DDC v. The Dentists Insurance Company (National Class

Action)




Claim: Dentistry practice forced to stop providing dentistry service, except for on

an emergency basis due to COVID-19 and state-ordered mandated closure.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Extended



which closed non-essential businesses, including Plaintiff’s.


Case Name: Grand Cru, LLC d/b/a Restaurant Nicholas v. Liberty Mutual Insurance

Company; Liberty Mutual Mid-Atlantic Insurance Company; and Ohio

Security Insurance Company

Venue: Superior Court of New Jersey Law Division – Monmouth County

Pltf Atty: Maggs McGermott & DiCicco, LLC (Wall, New Jersey)

Claim: Restaurant suffered loss of business as a result of civil authority to address

the Coronavirus global pandemic. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Virus exclusion is present,

but Plaintiff alleges that it is of no force and effect because it violates New

Jersey public policy (¶21).

Suspension: New Jersey Governor Phil Murphy issued Executive Order No. 107 which

banned restaurants from serving patrons on site, but permitted food delivery

and take out, as of March 21, 2020.

Relief: DJ

Case Name: Karla Aylen, DDS PLLC v. Aspen American Insurance Company (National

Class Action)




Claim: Dentistry practice forced to stop providing dentistry service due to COVID-


Coverage: Civil authority; Extended Practice Income; Extra Expense; Building;

Blanket Dental Practice Personal Property and Income; No virus exclusion

Suspension: On March 19, 2020, Governor Inslee issued a Proclamation which

prohibited all non-emergency dental procedures.


Case Name: Glow Medispa, LLC v. Sentinel Insurance Company, Limited (National

Class Action)




Claim: Medical Spa business has been interrupted and suspended due to COVID-




Suspension: On March 23, 2020, Washington Governor Jay Inslee issued a stay home,

stay healthy order which closed non-essential businesses, including

Plaintiff’s.


Case Name: Carlos O. Caballero DDS, MS, PS, d/b/a Master Orthodontics v.

Massachusetts Bay Insurance Company (National Class Action)




Claim: Orthodontic practice forced to suspend and limit services as a result of

orders put in place by the Governor. Plaintiff is only permitted to preform

urgent and emergency procedures. Prospective denial.



Suspension: On March 19, 2020, Governor Inslee issued Proclamation 20-24 which

placed restrictions on Non-Urgent medical procedures, such as elective

orthodontic work.


Case Name: Biltrite Furniture, Inc. v. Liberty Mutual Insurance Company (National

Class Action)

Venue: USDC, Eastern District of Wisconsin

Pltf Atty: Ademi & O’Reilly, LLP (Cudahy, Wisconsin)

Zwerling, Schachter & Zwerling, LLP (New York, New York)


Seeger Weiss (Ridgefield Park, New Jersey)



Claim: Retail furniture and mattress store forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Lost business income; Extra expense; Virus and

bacteria endorsement, which Plaintiff claims does not apply because their

losses were not “caused by a virus, bacterium or other microorganism . . .

but rather were caused by precautionary measures . . . to prevent the spread

of COVID-19 in the future, not because coronavirus was found in or on

Plaintiff’s insured property” (¶32).

Suspension: On March 24, 2020, Governor Evers issued an Emergency Order which

outlined the need to stay at home, and close non-essential businesses.


Case Name: Magna Legal Services, LLC v. Hartford Fire Insurance Company,

Nottingham Agency, Inc., and Jonathon M. Crook

Venue: Court of Common Pleas, Philadelphia County

Pltf Atty: Cohen, Placitella & Roth, P.C. (Philadelphia, Pennsylvania)

Claim: Legal services company with operations across the United States required

to cease all business operation due to closure orders in all states where

Plaintiff’s customers are located. Plaintiff’s business relies heavily on the

operation of law firms, corporations, and governmental agencies. Their

business has been interrupted by civil orders and court closure orders.

Prospective denial.

Coverage: All risk; Business income; Civil authority; Expense; Limited virus coverage

Suspension: On March 19, 2020, Pennsylvania Governor Wolf issued an Order requiring

the closure of physical locations for all non-life sustaining businesses. On

March 20, 2020, Governor J.B. Pritzker of Illinois issued a closure order of

all non-essential businesses. On April 1, 2020, Florida Governor DeSantis

issued Executive Order 20-91 directing that all Florida residents limit their

movements to essential services and activities. On March 20, 2020, New

York Governor Andrew Cuomo signed the New York On Pause executive

order which required the closure of all non-essential businesses.


Case Name: Starjem Restaurant Corp d/b/a Fresco v. Liberty Mutual Insurance (National

Class Action)


Pltf Atty: Seeger Weiss LLP (New York, New York)


Carella, Byrne, Cecchi Olstein, Brody & Agnello (Roseland, New Jersey)


Claim: Restaurant and catering service forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Business income; Extra

expense; Virus exclusion

Suspension: Stay-at-home orders closing non-essential businesses.


Case Name: Slate Hill Daycare Center Inc., v. Utica National Insurance Corp. (National

Class Action)


Pltf Atty: Levin Sedran & Berman LLP (Philadelphia, Pennsylvania)




Alabama)

Claim: Daycare center suffered business loss due to Civil Authority orders

requiring the closure of non-essential businesses due to COVID-19.

Plaintiff continues to “provide a de-minimis number of customers who work

in essential employment during the pandemic” (¶2). Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Business income; Virus

exclusion

Suspension: On March 20, 2020, New York Governor Andrew Cuomo issued a stay-at-

home order which closed all non-essential businesses.

Relief: DJ;

Case Name: Khuzi Hsue, DDC, PS v. Travelers Casualty Insurance Company of

America (National Class Action)


Pltf Atty: Keller Rohrback L.L.P (Seattle, Washington)

Keller Rohrback L.L.P (Santa Barbara, California)

Claim: Dentistry practice unable to provide dentistry services, with the exception

of urgent and emergency procedures due to state mandated closure as a

result of COVID-19. Prospective denial.

Coverage: Civil authority; Property coverage; Business income; Extra expense; No

Virus exclusion

Suspension: Washington Governor Jay Inslee issued stay at home orders which required

the closure of all non-essential businesses. Plaintiff is unable to use the

premises of the business as intended.


Case Name: GV KB Store LLC d/b/a Stefano Versace Gelato, and GV Siestakey LLC

d/b/a Stefano Versace Gelato v. Scottsdale Insurance Company (National

Class Action)


Pltf Atty: Kozyak Tropin & Throckmorton LLP (Coral Gables, Florida)

Kopelowitz Ostrow Ferguson Weiselberg Gilbert (Fort Lauderdale, Florida)

Kanner & Whiteley, LLC (New Orleans, Louisiana)

Claim: Restaurants that serve ice cream and related food and beverages forced to

severely slow operations to take out and delivery only as a result of closure

orders due to COVID-19. Plaintiffs allege that the closure due to COVID-

19 is a national emergency and should trigger their business income loss

and extra expense coverages. Prospective denial.

Coverage: All risk; Civil authority; Business income; Business interruption; Extra

expense; No Virus exclusion

Suspension: On March 17, 2020, Florida Governor Ron DeSantis ordered the closure of

restaurants for in person service, which was followed up by a closure of all

non-essential businesses.


Case Name: Jeffrey E. Kashner, DDS, MSD v. Travelers Indemnity Company of

America (National Class Action)


Pltf Atty: Keller Rohrback, L.L.P. (Seattle, Washington)

Keller Rohrback, L.L.P. (Santa Barbara, Californai)

Claim: Dentistry practice forced to close for all dentistry services, except for

emergency and urgent procedures due to COVID-19 and state-ordered

mandated closure. Plaintiff’s property has suffered and will continue to

suffer direct physical loss due to COVID-19. Prospective denial.


income; No Virus exclusion

Suspension: In response to the pandemic, Washington Governor Jay Inslee issued a

“Stay Home, Stay Healthy” order which required the closure of all non-

essential businesses.


Case Name: Lina Kim, DDS, P.S. v. Sentinel Insurance Company, Limited (National

Class Action)




Claim: Dental business forced to cease all non-emergency and non-urgent

procedures due to COVID-19 and state-ordered mandated closure.

Prospective denial.

Coverage: Civil authority; Business income coverage; Extra expense coverage;

Extended business income; No Virus exclusion

Suspension: Washington Governor Jay Inslee orders forcing the closure of non-essential

businesses, including Plaintiff’s business.


Case Name: Andrew Lee, DDS v, Sentinel Insurance Company, Limited (National Class

Action)




Claim: Dental business forced to cease all dental procedures, except for urgent and

emergency care, as a result of COVID-19. Prospective denial.

Coverage: Civil authority; Business income coverage; Extra expense coverage;

Extended business income; No Virus exclusion

Suspension: Washington Governor Jay Inslee issued the “Stay Home, Stay Healthy”



Case Name: Pacific Endodontics, P.S. v. The Ohio Casualty Insurance Company





Claim: Dentistry Endodontics business forced to close as a result of COVID-19.

Plaintiff is only permitted to provide services and use the premises as

intended for urgent and emergency level matters. Prospective denial.

Coverage: Civil authority; Business income; Extended business income; Extra





Case Name: Nue LLC d/b/a Nue Seattle v. Oregon Mutual Insurance Company





Claim: Dine-in restaurant specializing in global street food and creative cocktails

forced to reduce business dramatically due to COVID-19 and state-ordered

mandated closure and reduction in business practice. Prospective denial.



Suspension: On March 16, 2020, Washington Governor Inslee issued Proclamation 20-

13 which placed limits on the number of people that could gather for food

and beverage service. Over the following days, additional orders were put

into place, and Plaintiff was only able to utilize their restaurant for delivery

and carry-out.


Case Name: Wade K. Marler, DDS v. Aspen American Insurance Company (National

Class Action)




Claim: Family dentistry practice forced to close due to COVID-19 and state-

ordered mandated closure. Prospective denial.

Coverage: All risk; Civil authority; Building; Blanket Dental Practice Personal

Property and Income; No Virus exclusion


order which required the closure of all non-essential businesses. Plaintiff

was only able to perform emergency and urgent procedures.


Case Name: Arnell Prato, DDS, PLLC v. Sentinel Insurance Company, Limited





Claim: Dental business forced to cease all dental procedures, except for urgent and

emergency care, as a result of COVID-19 and state-mandated closure.

Prospective denial.


income; No Virus exclusion




Case Name: Taste of Belgium LLC v. The Cincinnati Insurance Company, The

Cincinnati Casualty Company, The Cincinnati Indemnity Company, and

Cincinnati Financial Corporation (National Class Action)

Venue: USDC, Southern District of Ohio – Western Division

Pltf Atty: Minnillo & Jenkins Co., LPA (Cincinnati, Ohio)

Goldenberg Schneider, LPA (Cincinnati, Ohio)

Claim: Chain of local restaurants forced to limit services due to COVID-19.

Plaintiff offered limited carry out and delivery services at certain locations,

but other remain fully closed. Prospective denial.



Suspension: On March 15, 2020, Dr. Amy Acton, the Director of Ohio’s DOH issued an

order which limited food service to carry-out and delivery only. On March

22, 2020, Governor DeWine announced a Stay at Home order which

required the closure of non-essential businesses.


Case Name: Troy Stacy Enterprises Inc., v. The Cincinnati Insurance Company


Venue: USDC, Southern District of Ohio

Pltf Atty: Dicello Levitt Gutzler LLC (Mentor, Ohio)





Claim: Craft beer pub, vinyl record shop and live music venue forced to suspend

business operations due to COVID-19 and civil authority closure orders in

Ohio. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Sue and labor;

No Virus exclusion

Suspension: On March 15, 2020, the State of Ohio issued a civil authority requiring the

closure of bars and banning dine-in eating. On March 22, 2020, the State of

Ohio issued a closure of non-essential businesses.


COVID-19 Coverage Suits · The Cincinnati Casualty Co. Venue: Indiana, Marion County Pltf Atty:...

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