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Insurance Coverage

Insurance Coverage


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Posted on: Jul 14, 2021

On July 2, 2021, the Eighth Circuit Court of Appeals issued its opinion in Oral Surgeons, P.C. v. Cincinnati Ins. Co., becoming the first federal appellate court to rule on a COVID-19 case regarding a claim for business interruption coverage. The court affirmed the trial court’s dismissal of the insured’s claims for breach of contract and bad faith.

Posted on: Jul 14, 2021

On July 2, 2021, the Eighth Circuit Court of Appeals issued its opinion in Oral Surgeons, P.C. v. Cincinnati Ins. Co., becoming the first federal appellate court to rule on a COVID-19 case regarding a claim for business interruption coverage. The court affirmed the trial court’s dismissal of the insured’s claims for breach of contract and bad faith.

Posted on: Jul 14, 2021

G&G Oil Company of Indiana purchased a “Commercial Crime Coverage” policy from Continental Western Insurance Company. The policy included a “Computer Fraud” provision, which covered losses “resulting directly from the use of any computer to fraudulently cause a transfer of money.”

Posted on: Jul 14, 2021

G&G Oil Company of Indiana purchased a “Commercial Crime Coverage” policy from Continental Western Insurance Company. The policy included a “Computer Fraud” provision, which covered losses “resulting directly from the use of any computer to fraudulently cause a transfer of money.”

Posted on: Jul 12, 2021

While policyholders and insurance companies continue to litigate the question of whether policies in effect during the pandemic provided business interruption coverage for business closures and income losses caused by COVID-19 and the resulting shutdowns, New Jersey is in the process of passing a law that would encourage insurers to issue endorsements that would expressly provide such coverage in the future.

Posted on: Jul 12, 2021

While policyholders and insurance companies continue to litigate the question of whether policies in effect during the pandemic provided business interruption coverage for business closures and income losses caused by COVID-19 and the resulting shutdowns, New Jersey is in the process of passing a law that would encourage insurers to issue endorsements that would expressly provide such coverage in the future.

Posted on: Jul 11, 2021

A New Hampshire court granted partial summary judgment to plaintiffs, owners of 23 hotels in New Hampshire, Massachusetts and New Jersey, holding that business interruption losses are covered under policies requiring “direct physical loss or damage.”

Posted on: Jul 11, 2021

A New Hampshire court granted partial summary judgment to plaintiffs, owners of 23 hotels in New Hampshire, Massachusetts and New Jersey, holding that business interruption losses are covered under policies requiring “direct physical loss or damage.”

Posted on: Jul 11, 2021

A Georgia jury returned a $17.5 million punitive damages award against pharmaceutical manufacturer Akorn Inc. regarding “grandfathered” drug methylene blue (not regulated by the FDA) that was known to interact poorly with serotonergic psychiatric medications. Akorn declined to add a warning label to the medication. This caused a patient to be placed into a medically induced coma for 18 days and caused permanent impairment after a severe interaction with another drug, which interaction was unknown to the treating surgeon.

Posted on: Jul 11, 2021

A Georgia jury returned a $17.5 million punitive damages award against pharmaceutical manufacturer Akorn Inc. regarding “grandfathered” drug methylene blue (not regulated by the FDA) that was known to interact poorly with serotonergic psychiatric medications. Akorn declined to add a warning label to the medication. This caused a patient to be placed into a medically induced coma for 18 days and caused permanent impairment after a severe interaction with another drug, which interaction was unknown to the treating surgeon.


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