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Law.com

Can COVID-19 Cause 'Direct Physical Loss or Damage' to Property? 9th Circ. Asks Oregon High Court to Weigh In

"No Oregon appellate court, state statute, or treatise has yet interpreted the phrase 'direct physical loss or damage' in the context of a commercial property insurance policy dispute involving COVID-19 allegations," the Ninth Circuit panel wrote. "Therefore, we find it prudent to allow the Oregon Supreme Court to do so in this instance."
5 minute read

Law.com

Unsettled Law in Massachusetts: Can an Insurer Recoup Defense Costs Provided to an Insured?

"Similarly concluding that an insurer's refusal to defend while admitting that it has the duty to do so makes out G. L. cc. 93A and 176D claims, we vacate so much of the judgment as dismissed the unfair business practices claims," Associate Justice Joseph M. Ditkoff wrote for the panel.
6 minute read

New York Law Journal

At NY's Highest Court, Restaurateurs Aim to Gain Insurance Coverage for COVID Losses

A Texas-based restaurant group is asking New York to lean against the majority of states and open the door for coverage of COVID business losses.
6 minute read

The Legal Intelligencer

COVID Case Coordination and Liquor Liability: What the Pa. Supreme Court Is Eyeing in April

The 10 matters slated to go before the justices include the consolidation of pandemic-related business interruption claims against Erie Insurance Exchange procedure and whether an employer can be held liable for overserving alcohol to a guest at a business outing.
3 minute read

New York Law Journal

Prejudgment Interest Accruing From Date of Accident: What Will This Mean for Residents, Courts?

This article provides a broad overview of the application of prejudgment interest in New York as it pertains to personal injury matters and discusses what the imposition of a "date of accident" interest-accrual means for New York state residents and the New York court system.
6 minute read

Texas Lawyer

After Dallas Housing Developers Plead Guilty, Executive Seeks Damages

This suit was surfaced by Law.com Radar.
1 minute read

Daily Business Review

'These Guys Thought They Could Slip One by Us': South Florida Law Firms Prove Fraud

"If you are going to cheat people, you are putting your law license at risk," said Larry Stewart, who has practiced law in Florida for more than 50 years.
5 minute read

Connecticut Law Tribune

Law Firm's COVID-19 Business Interruption Claim Barred by Virus Exclusion, Judge Says

A federal judge in Connecticut determined that a virus exclusion in an insurance policy bars law firm Kennedy Hodges & Associates and the owner of its office building from bringing a business interruption insurance claim against Twin City Fire Insurance Co. over COVID-19-related losses.
7 minute read

New York Law Journal

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.
16 minute read

Daily Report Online

Not the Enemy: Treating Opposing Counsel With Respect

Attorneys have a duty to zealously represent their clients. But representing clients zealously does not eliminate the duty to be professional and civil.
6 minute read

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