Monday, September 6, 2021

Updated COVID-19 Business Interruption Coverage New York Decisions

The labor of my Labor Day...Updated COVID-19 Business Interruption Coverage New York Decisions (as of September 6, 2021)

Until today, I hadn't really counted the Kingray decision out of the Central District of California (No. 8 on my list) as a loss, but it technically is, so it's now among the counted. Including Kingray (which the Deer Mountain Inn and SA Hospitality Group decisions roundly reject), the "score" in New York on the "direct physical loss of or damage to" issue stands at 35-1 for insurers.

Here are the current metrics: 

State Supreme Court Decisions --10
Federal District Court Decisions -- 26

State Courts
Erie County 1
Kings County 2
Nassau County 1
Onondaga County 1
Orange County 1
Queens County 1
Suffolk County 3

Federal Courts 
SDNY 14 
D. Conn. 1 
C.D. Cal. 1

Dispositive Motions: 
Granted 35 
Denied 1 

% For Insurers 97.2% 
% For Policyholders 2.8% 

Appeals Pending (per the Covid Coverage Litigation Tracker): 
2nd Circuit 8 
Appellate Division 
  Second Department 4 
  Fourth Department 2

(The document can be viewed on and downloaded from Dropbox by clicking on the post's title or image.  If anyone's company blocks that cloud sharing site, head over to my LinkedIn post and pull the document from there.  Or email me for a copy.  Cheers.) 

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