Scott Mollen Business Interruption Insurance Claim; Breach of Contract: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses 'Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co., where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton, where defendants had a contractual right to terminate the contract and return deposit to plaintiff.
April 11, 2023 at 01:39 PM
16 minute read
Law Firm Insurance Claim Based on COVID-19 Pandemic Dismissed—Loss Not Caused By 'Direct Physical Loss or Damage'—Second Circuit and Appellate Division Precedent
A plaintiff law firm sought insurance coverage for "business interruption and related loss caused by plaintiff closing its offices and suspending its operations in light of the COVID-19 pandemic." The court noted that a "score of similar cases have been filed in courts across the country."
The defendant insurance company had moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).
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