More Suits to Come: Podhurst Orseck, Boies Schiller Unite to Sue Insurer Denying COVID-19 Coverage
"If we are unable to prevail in this particular case with such a clear policy, that means every insurer will get off the hook and avoid meeting its obligations, even though it collected premiums for years and years," said Podhurst Orseck partner Steven Marks.
April 21, 2020 at 02:02 PM
4 minute read
The original version of this story was published on Daily Business Review
For a South Florida restaurant denied insurance coverage after being forced to close under COVID-19 stay-at-home orders, hiring one Miami class-action giant apparently wasn't enough.
And its attorneys suggest similar lawsuits will follow against the insurance sector.
Named plaintiff Cafe International Holding Co. LLC, which owns IT Italy in downtown Fort Lauderdale, has retained Steven Marks of Podhurst Orseck and Stephen Zack of Boies Schiller Flexner to represent it.
The restaurant filed a putative class action Monday accusing the world's largest property casualty insurer Chubb Ltd. and its subsidiary Westchester Surplus Lines Insurance Co. of systematically refusing to honor business-interruption policies, in what it calls a "blatant breach" of contract.
Hundreds of thousands, "if not millions," of policyholders could be affected, according to the plaintiffs team, who said the stakes are high.
"If we are unable to prevail in this particular case with such a clear policy, that means every insurer will get off the hook and avoid meeting its obligations, even though it collected premiums for years and years," Marks said.
IT Italy's "all-risk" property insurance policy said, "We will pay you for the actual loss of business income you sustain due to the necessary 'suspension' of your 'operations' during the 'period of restoration,' " according to the complaint in the Southern District of Florida.
It also provided for " extra expense" and "civil authority" coverage, which takes care of additional costs and loss of income if authorities block access to the restaurant, according to the complaint.
Because the policy doesn't specifically exclude interruptions caused by viruses, microorganisms or pandemics, the lawsuit claims Chubb is liable.
|Unconstitutional?
Zack and Marks point to Florida law, which says any ambiguities in insurance policies must be construed in the policy holder's favor. While many insurance companies altered policies after disease outbreaks in 2006, they claim the defendants instead chose to charge higher premiums.
Chubb declined to comment on the litigation, citing company policy. But CEO Evan Greenberg has said he'll fight claims like this one, arguing that forcing insurance companies to shoulder COVID-19 costs is "plainly unconstitutional."
But the biggest challenge for class members is the urgency of their situation, according to Zack, particularly when courts are functioning remotely and at partial capacity.
"There's no reason that, in light of the injunctive relief that we're seeking here, the court shouldn't be dealing with this as soon as possible," Zack said.
|'What lawyers are supposed to do'
Because small businesses are losing billions for every month of lockdown, the plaintiffs team say insurance coverage could mean the difference between surviving or closing for good.
But while many might assume challenging Chubb is a lost cause amid COVID-19, Zack says it's not.
"This is exactly what lawyers are supposed to do," Zack said. "People have rights that need to be protected. A lot of people don't ever realize that they have these rights, and part of our responsibility is to tell people who otherwise think they have no option, or that they just have to accept what's being said, that they don't have to accept it because it's not right and they have paid for coverage that they're entitled to."
It's one of many times Zack and Marks have teamed for a class action, including to litigate against Takata over defective airbags.
"The pooling of resources is not only a great collaborative professional experience, but it gives us the resources needed to make sure that insurance companies can't drive us into the ground," Marks said.
And it also helps that "we like each other," Zack said.
The pair says they plan to file similar lawsuits against other insurance companies soon.
U.S. District Judge Marcia Cooke in the Southern District of Florida will preside over the Chubb case.
|Read the complaint:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAm Law 200 Firm to Defend PUMA in Latest Quarrel Over Patented Shoe Technology
Health Care Giants Sue FTC, Allege Lina Khan Using Loaded Process to Vilify Pharmacy Benefit Managers
3 minute readChicago Midsize Firm Will Combine With Miami Boutique To Form Antitrust Powerhouse
3 minute readLaw Firms Mentioned
Trending Stories
- 1The Growing PFAS Morass: Why Insurance Should Cover These Products Liability Claims
- 2Dallas Jury Awards $98.65M in Botham Jean Killing by Dallas Officer
- 3In Talc Bankruptcy, Andy Birchfield Skipped His Deposition. Could He Face Sanctions?
- 4Pharmaceutical Patents: Benefits and Challenges
- 5Where Do Web-Tracking Class Actions Belong? 8th Circuit Weighs the Issue
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250