covid-19 coverage suits business...covid-19 coverage suits case name: french laundry v. the hartford...

COVID-19 Coverage Suits

Case Name: French Laundry v. The Hartford & Karen Relucio (Napa County Health

Officer)

Venue: California, Napa County

Pltf Atty: Dickenson, Peatman & Fogarty (Napa, Calif.)

Gauthier Murphy & Houghtaling (Metaire, LA)

Claim: Fancy restaurants forced to close b/c of order of Civil Authority by county

health commissioner

Coverage: All risk policy; covered cause of loss means direct loss or direct physical

damage (¶16); “property Choice Deluxe Form specifically extends coverage

to direct physical loss or damage caused by virus” (¶17); the deadly virus

physically infects and stays on surfaces of objects or materials, “fomites,”

for up to twenty-eight days (¶20); “The Order specifically states that it is

being issued on evidence of physical damage to property…in the

immediate area of the Insured Properties.” (¶23)

Suspension: Order has caused a shutdown; no access to insured properties;

acknowledges that it could be open for takeout and delivery

Relief: DJ

Case Name: Cajun Conti, LLC et al v. Lloyds, Gov. Edwards

Venue: Louisiana, Orleans Parish

Pltf Atty: Gauthier Murphy & Houghtaling (Metaire, LA)

Davillier Law Group (New Orleans, LA)

Claim: Well-known French Quarter restaurant forced to close b/c of order of Civil

Authority by Gov.


damage (¶14); no virus exclusion (¶15); “the deadly virus physically infects

and stays on surfaces of objects or materials, “fomites,” for up to twenty-

eight days” (¶21); contamination is a direct physical loss (¶23); unclear if

restaurant is exempt; expect more restrictive orders;

Suspension: N/A (No suspension indicated).

Relief: DJ

Case Name: Chickasaw Nation Department of Commerce v. Lexington Ins. Co. et al.

Venue: Oklahoma, Pontotoc County

Pltf Atty: Whitten Burrage Law Firm (Oklahoma City, OK)

Claim: Commercial business and service losses due to the United States becoming

infected by COVID-19.

Coverage: All risk policy; include business interruption, interruption by civil authority,

limitations of ingress and egress, and extra expense. (¶15)

Suspension: Speculative

Relief: DJ

Case Name: Barbara Lane Snowden d/b/a Hair Goals Club v. Twin City Fire Ins. Co.

Venue: Texas, Harris County

Pltf Atty: The Loyd Law Firm, P.L.L.C. (San Antonio, Texas)

Claim: Salon closed due to Harris County Order; unfair settlement practices

(misrepresentation, prompt payment)

Coverage: Terms not alleged

Suspension: Harris County Order due to Covid-19 outbreak.

Relief: DJ, damages, statutory bad faith, common law bad faith, penalty interest,

attorney’s fees

Case Name: Big Onion Tavern Group, LLC et al. v. Society Insurance, Inc.

Venue: USDC, ND of Ill.

Pltf Atty: King & Spalding LLP (Chicago, IL & Atlanta, GA [pro hoc vice])

Claim: Restaurants and movie theatre owners claim losses due to government

Closure Orders; bad faith for blanket denials “often within hours of

receiving Plaintiffs’ claims—without first conducting . . . a ‘reasonable

investigation based on all available information’”; prospective denial b/c

virus is not physical loss

Coverage: All risk policy (¶37); lack of virus exclusion = coverage for virus (¶¶9-11,

38); “suspension” defined as “(1) ‘the partial slowdown or complete

cessation of your business activities’” (¶40); “Civil Authority” coverage,

covering “the loss of Business Income and necessary Extra Expense

sustained by Plaintiffs ‘caused by action of civil authority that prohibits

access’ to Plaintiffs’ insured premises.” (¶44, accord ¶¶ 2, 5); Civil

Authority triggered when “non-excluded cause results in ‘damage to

property other than property’ at the Plaintiffs’ premises, and is intended to

cover losses resulting from governmental actions ‘taken in response to

dangerous physical conditions.’” (¶45); physical damage (¶47)

Suspension: Halt to ordinary operations due to Executive Order(s) 2020-07 and 2020-10

of Illinois Governor Pritzker first closing all restaurants, bars, and movie

theaters to the public and then all “non-essential businesses”

Relief: DJ, breach of contract, statutory bad faith

Case Name: Outerlands, Inc. v. Truck Ins. Exch., and DOES 1 through 50

Venue: California, San Francisco County

Pltf Atty: Sanjiv N. Singh (San Mateo, CA)

Indrajana Law Group (San Mateo, CA).

Claim: Owner of a “cherished restaurant of the Sunset District” alleges bad faith

denial of business income loss claim due to stay-at home order. Upon initial

telephone call with Defendant, claims representative indicated likelihood

that claim would be denied, seemingly at instruction of upper management

(¶25); disclaimer within three days via email “in a formulaic, cut-and-paste

fashion” (¶27).

Coverage: Coverage “for lost business income which occurs during the policy period”

(¶10); “additional coverages including but not limited to loss of business

income due to Civil Authority or civil ordinances.” (¶11); actual loss of

Business Income you sustain and necessary Extra Expense caused by action

of civil authority that prohibits access to the described premises due to direct

physical loss of or damage to property, other than at the described premises,

caused by or resulting from any Covered Cause of Loss.” (¶ 12); property

damage from fomite adhering to surfaces (¶16);

Suspension: Health Department shelter in place (March 17-April 7); California stay at

home order, March 19, 2020. Kept doors open despite substantial revenue

reductions

Relief: Breach of contract, bad faith, declaratory relief, Cal. §17200

Case Name: Billy Goat Tavern I, Inc. et al. v. Society Insurance (Illinois Class Action)


Pltf Atty: Duncan Law Group, LLC (Chicago, IL)

Claim: Restaurant Class seeks coverage for business income loss b/c Civil

Authority Order limiting to take-out; bad faith denial of all claims for lack

of Direct Physical Loss

Coverage: all risk (¶27); “Businessowners Special Property Coverage Form”; agree to

“pay for direct physical loss of or damage to Covered Property at the

premises described in the Declarations caused by or resulting from any

Covered Cause of Loss.” (¶32); “Covered Causes of Loss” means “Direct

Physical Loss unless the loss is excluded” (¶33); no definition of “direct

physical loss” (¶35); agreed to “pay for the actual loss of Business Income

you sustain due to the necessary suspension of your "operations" during the

"period of restoration". The suspension must be caused by direct physical

loss of or damage to covered property at the described premises.” (¶36); no

virus exclusion (¶37)

Suspension: Restaurants limited to take-out only; loss of dine-in revenue

Relief: DJ, breach of contract, punitive damages [statutory bad faith damages are

capped at $60,000 Illinois, but the first-party bad faith statute is not

pleaded.]

Case Name: Prime Time Sports Grill, Inc. v. Lloyd’s

Venue: USDC, MD of Fla.

Pltf Atty: Duncan Law Group, LLC (Chicago, IL)

Claim: Restaurants forced to close b/c of order of Civil Authority by Governor

Coverage: All risks; “Loss of business Income and operating expenses is specifically

covered under the policy, and governmental suspension as a result of

COVID-19 is not specifically excluded.” (¶3); “Commercial Property CP

10 30 10 12”; DENIAL LETTER: “There is no evidence that your business

operations have been suspended because of a direct physical loss”; “In

addition, Business Income coverage is provided when you sustain a loss due

to ‘Civil Authority.’ However, this coverage is only afforded when there

has been direct physical damage to your property or to an adjacent property

(property within one mile of your property)”; “There is no evidence that

there has been physical damage to your property or to an adjacent property

according to the Civil Authority directed by your government.” (Exh. 2).

Suspension: Closed restaurant following stay-at home order

Relief: DJ

Case Name: Indiana Repertory Theatre, Inc. v. The Cincinnati Casualty Co.

Venue: Indiana, Marion County

Pltf Atty: Plews Shadley Racher & Braun LLP (Indianapolis, IN)

Claim: Largest professional nonprofit theatre in Indiana seeks coverage for

business income loss following order suspending gatherings of more than

250 people, then 50 people, then closing theaters, necessitating cancelling

of season

Coverage: all risks coverage (¶19); should be coverage for loss sustained due to the

necessary suspension of operations; DISCLAIMER “there must be direct

physical loss or damage to Covered Property caused by a covered cause of

loss. . . . Direct physical loss or damage generally means a physical effect

on Covered Property, such as a deformation, permanent change in physical

appearance or other manifestation of a physical effect….the pandemic,

without more, is not direct physical loss to property” (¶22); policy does not

define direct physical loss or damage (¶23); complete loss of use is a ‘direct

physical loss.” (¶23); no virus exclusion (¶24);

Suspension: Various Civil Orders force cancelling of theater season

Relief: DJ

Case Name: SCGM, Inc. et al. v. Lloyd’s

Venue: USDC, SD of Tex.

Pltf Atty: Hawash Cicack & Gaston LLP (Houston, Texas)

Claim: Movie theatre and restaurant chain seek coverage under “Pandemic Event

Endorsement” for business losses due to constructive closure following

Executive Order restricting gatherings to less than ten people; anticipatory

breach of contract, and bad faith

Coverage: Stand-alone Pandemic Event Endorsement; “Pandemic Event” defined as

“the announcement by a Public Health Authority that a specific Covered

Location is being closed as a result of an Epidemic declared by the [CDC]

or [WHO].” (¶ 8); Underwriters advisory to brokers reads: “As a reminder,

there is no coverage… under the Pandemic Event Endorsement as [COVID-

19] is not a named disease on that endorsement.” (¶21); “Covered Disease”

includes “SARS-CoV”, and its “mutations, or variations” (¶23);

Suspension: March 17 guidance results in voluntary closure; March 19 Executive Order

issued by Texas Governor Abbott restricts gatherings to less than ten

people; Texas Department of State Health Services proclamation of March

19.

Relief: DJ, common law bad faith, statutory bad faith, punitive damages

Case Name: Mace Marine Inc. v. Tokio Marine Specialty Ins. Co.

Venue: Florida, Monroe County

Pltf Atty: The Landau Law Group, P.A. (Boca Raton, FL)

Law Offices Of Thayer A. Musa (Miami, FL)

Claim: Dive shop seeks coverage for loss of business income b/c of order of civil

authority closing hotel, RV, and vacation rental properties and other travel

restrictions prohibited scuba diving enthusiasts from reaching insured; later

order closed dive shop as a non-essential business; extra expense to sanitize

equipment and property; bad faith as set forth in the Civil Remedy Notice

(boilerplate)

Coverage: all risks coverage (¶38); Policy contains coverage for acts of civil authority,

business income losses and extra expense (¶¶20, 33); “the presence or

danger of COVID-19 on property renders that property unusable and non-

functioning until such time as the property is sanitized.” (¶28); pandemic is

not excluded type of risk (¶39)

Suspension: Emergency Directive prevented customer’s ingress to the insured property;

later order required closure of non-essential dive shop


Case Name: Sandy Point Dental PC v. The Cincinnati Insurance Company et al.


Pltf Atty: Charles Aaron Silverman PC (Skokie, IL)

Claim: Dentist seeks loss of business income for suspension of non-emergency

treatment (95%) b/c of Civil Order due to COVID-19

Coverage: Civil Authority: We will pay the actual loss of "Business Income" you

sustain and "Extra Expense" you incur caused by action of civil authority

that prohibits access to the "premises" due to direct physical "loss" to

property, other than at the "premises", caused by or resulting from any

Covered Cause of Loss.”; no virus exclusion; Illinois law holds that the

presence of a dangerous substance constitutes physical loss or damage

(¶16); DISCLAIMER: “From a Civil Authority cause of loss perspective,

there must be direct physical damage from a covered proper cause of loss

that eliminates access to your property.”

Suspension: Executive Order “left dental offices able to do emergency work but not

routine work.” Plaintiff has been forced to halt ordinary operations and is

effectively shut down, resulting in substantial lost revenues


Case Name: Sharecropper LLC v. Farmers Ins. Exchange, Inc.

Venue: Alabama, Jefferson County

Pltf Atty: Wallace Jordan Ratliff & Brandt, LLC (Birmingham, AL)

Claim: Top ten best restaurant forced to close to dine-in customers b/c of order of

Civil Authority; insured did not offer deliver or take-out service but created

a curb-side pickup process

Coverage: all risk policy providing coverage for direct physical loss of or damage to

Covered Property not expressly excluded (¶21); “Business Owners Special

Property Coverage Form” “will pay for direct physical loss of or damage to

Covered Property at the premises described in the Declarations caused by

or resulting from any Covered Cause of Loss.” (¶21); DISCLAIMER: no

direct physical loss or damage to property; order of civil authority not due

to direct physical loss or damage to other property; virus exclusion.

Suspension: Restaurant limited to curb-side pickup

Relief: DJ

Case Name: Proper Ventures, LLCs v. Seneca Insurance Company, Inc. and District of

Columbia

Venue: District of Columbia

Pltf Atty: The Veritas Law Firm (Washington, D.C.)

Claim: Elevated sports bar in downtown D.C. seeks coverage for loss of business

income due to the Order of the District of Columbia prohibiting table

seating or service.

Coverage: "Business Income (and Extra Expense) Coverage Form. (CP 00 30 10 12)

(¶14); "suspension" defined as “The partial or complete cessation of your

business activities” (¶18); “civil authority” coverage – “caused by action of

civil authority that prohibits access to the described premises” due to

damage creating dangerous physical condition (¶22); contains virus

exclusion (¶23); DISCLAIMER: (a) no direct physical loss; (b) no Civil

Authority was available because access to the business was not prevented

due to any nearby property damage, and (c) virus exclusion (¶34).

Suspension: Order prohibiting table seating at any restaurant or tavern

Relief: DJ

Case Name: GERAGOS & GERAGOS, APC v. THE TRAVELERS INDEMNITY

COMPANY OF CONNECTICUT and Mayor Garcetti

Venue: California, Los Angeles County

Pltf Atty: Dhillon Law Group Inc. (San Francisco, CA)

Claim: World-renowned law office seeks coverage for business losses sustained

when access to the scheduled premises was specifically prohibited by order

of Civil Authority.

Coverage: all risk policy (¶12); covered cause of loss is “direct physical loss or direct

physical damage unless the loss is specifically excluded or limited in the

Policy” (¶12); “Civil Authority Coverage Section extends coverage to direct

physical loss or damage that results in a covered cause of loss to the

Property in the immediate area of the ‘scheduled premises’.” (¶13); “the

World Health Organization, has recognized that the Coronavirus is a cause

of real physical loss and damage” (¶15); Executive Order “specifically

referenced that it was being issued based on the dire risks of exposure

with the contraction of COVID-19 and evidence of physical damage to

property.” (¶17);

Suspension: Plaintiff is “technically exempted as an “essential business” under the

Order” and access to premises is only “greatly limited” (¶18).

Relief: DJ

Case Name: LH Dinning LLC v. Admiral Indemnity Co.

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik, PC (Philadelphia, PA)

Levin Sedran & Berman LLP (Philadelphia, PA)

Claim: 36-seat restaurant forced to close b/c of order of Civil Authority


damage (¶17); virus exclusion allegedly does not apply to BI claims (¶19);

scientific comm’y recognized that COVID-19 is a cause of real physical

loss and damage; contamination is direct physical loss (¶20); fomites stay

on surfaces for up to 28 days (¶23); orders by Gov and Mayor (“COVID-19

may remain viable for hours to days on surfaces…”);

Suspension: Orders have caused a “substantial loss of business”

Relief: DJ

Case Name: 2420 Honolulu Ave. LLC v. Travelers and Mayor Garcetti


Pltf Atty: Geragos & Geragos (Los Angeles, Calif.)

Dhillon Law Group (San Francisco, Calif.)

Claim: Loss of commercial rents at restaurant b/c tenant abandonment of premises

b/c order of Civil Authority


damage; actual loss of business income when access to the scheduled

premises is specifically prohibited by order of Civil Authority as the direct

result of a covered cause of loss to property in the immediate area; COVID-

19 has physically impacted property and physical spaces around the world

and the right to gather and utilize retail business locations; fomites stay on

surfaces for up to 28 days; scientific comm’y recognized that COVID-19 is

a cause of real physical loss and damage; local and state-wide stay-at home

and non-essential business closing orders

Suspension: Loss of rents stemming from tenants’ cessation of use of premises

Relief: DJ

Case Name: 837 Foothill Blvd, LLC v. Travelers and Mayor Garcetti




Claim: Loss of commercial rents at tenancy b/c of cessation of use of premises due

to order of Civil Authority











Relief: DJ

Case Name: Mark J. Geragos v. Travelers and Mayor Garcetti




Claim: Loss of commercial rents at bookstore and law office b/c tenant cannot

access premises b/c order of Civil Authority











Relief: DJ

Case Name: El Novillo Restaurant et ano v. Lloyd’s (National Class Action)

Venue: USDC SD Fla

Pltf Atty: Kozyak Tropin & Throckmorton LLP (Coral Gables, FL)

Claim: Restaurant lost business following social distancing recommendations from

WHO, CDC, CTF, and 49 state-wide restaurant closing orders (other than

take-out/delivery)

Coverage: All risk policy CP 00 30 BI form; access to premises prohibited because of

direct loss or direct physical damage to property by order of civil authority

restricting access to property (¶5); pandemic and the corresponding

response by civil authorities to stop the spread of the outbreak triggers

coverage, has caused physical property loss and damage to the insured

property (¶6, 34); many state departments of insurance have issued

advisories to business owners that COVID-19 is not an insured peril and

there will be no coverage for business interruption. This is disinformation

being published to discourage business owners from filing claims (¶50)

Suspension: Order restricting operating times; later order closing all restaurants other

than delivery

Relief: National class certification; DJ; anticipatory breach of contract;

Case Name: Coffey & McKenzie, LLC v. Twin City Fire Ins. Co., d/b/a The Hartford

Venue: South Carolina, County of Clarendon

Pltf Atty: COFFEY & MCKENZIE, LLC (Manning, South Carolina)

Claim: Law firm’s business income interrupted due to the closing of courts and

many other, non-essential governmental agencies, and effect on the general

public; immediate verbal, bad faith denial.

Coverage: Policy providing “hazard insurance, business interruption insurance as well

as additional insurance coverages.”

Suspension: Business interruption, generally, due to South Carolina Supreme Court

Order suspending all court operations due to COVID-19; Order of Governor

shuttering non-essential state agencies; “effects of this natural disaster upon

the general public”.

Relief: DJ, bad faith, breach of contract

Case Name: Maillard Tavern, LLC v. Society Insurance, Inc.

Venue: Illinois, Cook County

Pltf Atty: Romanucci & Blandin, LLC (Chicago, IL)

Rutter & Russin, LLC (Cleveland, IL)

Spanberger, Shibley & Liber, LLP (Cleveland, OH [pro hac vice])

Claim: Restaurant “forced to shut down its business” due to Governor’s order

closing all restaurants and bars

Coverage: “pay for the actual loss of Business Income you sustain due to the necessary

suspension of your ‘operations’ during the ‘period of restoration’. The

suspension must be caused by direct physical loss of or damage to covered

property at the described premises. The loss or damage must be caused by

or result from a Covered Cause of Loss;” (¶6); “pay for loss of Business

Income that you sustain during the ‘period of restoration’ and that occurs

within 12 consecutive months after the date of direct physical loss or

damage” (¶6); and “[w]hen a Covered Cause of Loss causes damage to

property other than property at the described premises, we will pay for the

actual loss of Business Income you sustain and necessary Extra Expense

caused by action of civil authority that prohibits access to the premises…”

(¶6); civil authority undefined (¶8); COVID-19 is a physical substance

capable of active on inert, physical surfaces, causing direct physical loss or

damage and rending property unsafe (¶¶12-30); damages should be resolved

by “Appraisal” under the policy for disagreement as to the amount of

“Business Income” or “Extra Expense” losses (¶66).

Suspension: March 16 and March 30 stay-at-home Orders of Governor prohibiting

public from accessing Plaintiffs’ restaurants, non-essential businesses, and

setting curfews on all liquor sales.

Relief: DJ and appraisal

Case Name: Outlaws & Gents Grooming, LLC et. al. v. State Farm Lloyd’s

Venue: Texas, Bexar County

Pltf. Atty: The Lloyd Law Firm (San Antonio, Texas)

Claim: Grooming salons sustain business interruption losses “during the Covid-19

outbreak” and Bexar County Order

Coverage: Terms of coverage not alleged

Suspension: No suspension alleged

Relief: Breach of contract, statutory and common law bad faith

Case Name: Torre Rossa, LLC v. Liberty Mutual (National Class Action)

Venue: Ohio, Cuyahoga County

Pltf. Attys: Connick Law, LLC (Beachwood, Ohio)

Claim: COVID-19’s “actual or suspected presence at or in the vicinity of”

restaurant prevents plaintiff from making full use of premises; civil order

forced restaurant to shut down; Liberty denial that coronavirus does not

cause physical loss is false and fraudulent misrepresentation

Coverage: All risk; insurance is extended to apply to the actual loss of business income

sustained and the actual, necessary and reasonable extra expenses incurred

when access to the Property is specifically prohibited by order of Civil

Authority as the direct result of a covered loss to property in the immediate

area of Plaintiff’s Property; covered physical loss includes, without

limitation, loss of use; COVID-19 is a physical thing; policy does not

contain a pandemic exclusion such as Liberty has used in the past

Suspension: Restaurant ceased all operations

Relief: DJ, Breach of Contract, Bad Faith, Class Certification

Case Name: Dakota Ventures v. Oregon Mutual Ins. Co. (National Class Action)

Venue: USDC, D. Oregon

Pltf. Attys: STOLL BERNE LOKTING & SHLACHTER P.C. (Portland, OR)

DICELLO LEVITT GUTZLER LLC (Chicago, IL (pro hac vice))

Claim: Businesses forced to suspend or reduce business at restaurants due to

COVID-19 and resultant Executive Orders, but denied claims due to no

covered loss.

Coverage: all risk; “Business Income” coverage for loss due to the necessary

suspension of operations following damage to property; “Civil Authority”

coverage, for actual loss of Business Income and necessary Extra Expense

caused by the action of a civil authority prohibiting access; “Ingress and

Egress” coverage for loss of Business Income and Extra Expense caused

when ingress or egress to the described premises is physically prevented

due to direct loss or damage to property, other than at the described

premises, caused by or resulting from any Covered Cause of Loss; “Sue and

Labor” coverage/provision requires mitigation; no virus exclusion =

coverage;

Suspension: Businesses suspended and/or reduced operations due various state closure

orders

Relief: DJ, Breach of Contract, Class Certification

Case Name: Caribe Restaurant & Nightclub v. Topa Insurance Company (National Class

Action)

Venue: USDC, C.D. Cal.

Pltf. Attys: COWPER LAW PC (Los Angeles, CA)

THE LANIER LAW FIRM PC (Houston, TX (pro hac vice))

DICELLO LEVIT GUTZLER LLC (Chicago, IL (pro hac vice))

Claim: Restaurant (and other businesses) forced to suspend or reduce business at

restaurants due to COVID-19 and resultant civil authority closure orders in

California and elsewhere.


suspension of operations following damage to property; suspension =

“slowdown or cessation” of business activities; “Civil Authority” coverage,

for actual loss of Business Income and necessary Extra Expense caused by

the action of a civil authority prohibiting access; “Sue and Labor”

coverage/provision requires mitigation; no virus exclusion = coverage;

NBCR Activity exclusion does not apply

Suspension: Restaurants suspended and/or reduced operations due various state closure

orders


Case Name: Rising Dough, Inc. (d/b/a Madison Sourdough) et al. v. Society Insurance

(National Class Action)

Venue: USDC, E.D. Wisc.

Pltf. Attys: Burns Bowen Bair LLP (Madison, Wi)

The Lanier Law Firm PcC(Houston, Tx (pro hac vice))

Dicello Levit Gutzler LLC (Chicago, Il (pro hac Vice))

Chestnut Cambronne PA (Minneapolis, Mn (Pro Hac Vice))

Daniels & Tredennick (Houston, Tx (Pro Hac Vice))

Claim: Bakery, restaurants, caterers, banquet halls (and other businesses) forced to

suspend or reduce business at restaurants due to COVID-19 and resultant

civil authority closure orders in Minnesota, Wisconsin and elsewhere.




caused by the action of a civil authority prohibiting access;

“Contamination” coverage for the actual loss of business income and extra

expense caused by “‘Contamination’ that results in an action by a public

health or other governmental authority that prohibits access to the described

premises or production of your product”; “Contamination” = “a defect,

deficiency, inadequacy or dangerous condition in your products,

merchandise or premises”, threat of contamination; “Sue and Labor”

coverage/provision requires mitigation; no virus exclusion = coverage;

NBCR Activity exclusion does not apply

Suspension: Restaurants suspended and/or reduced operations due various state closure

orders


Case Name: Christie Jo Berkseth-Rojas DDS v. Aspen American Ins. Co, (National

Class Action)

Venue: USDC, ND Texas

Pltf. Attys: Burns Bowen Bair Llp (Madison, Wi)

The Lanier Law Firm Pc (Houston, Tx (pro hac vice))

DiCello Levit Gutzler Llc (Chicago, Il (pro hac Vice))


Claim: Minnesota dental practice forced to suspend business due to COVID-19 and

resultant civil authority closure orders

Coverage: All risk; “Practice Income” coverage for loss due to the necessary


coverage, for actual loss of Practice Income and necessary Extra Expense

caused by the action of a civil authority prohibiting access; contain no virus

exclusion;

Suspension: Dental practice forced to reduce or suspend practice


Case Name: Bridal Expressions LLC v. Owners Ins. Co. (National Class Action)

Venue: USDC, ND Ohio

Pltf. Attys: Burns Bowen Bair Llp (Madison, Wi)

The Lanier Law Firm Pc (Houston, Tx (pro hac vice))

DiCello Levit Gutzler Llc (Chicago, Il (pro hac Vice))


Claim: Ohio formal wear provider dental practice forced to suspend business due

to COVID-19 and resultant civil authority closure orders

Coverage: All risks; no virus exclusion; agreed to pay for actual loss of Business

Income sustained due to necessary suspension of operations during the

period of restoration caused by direct physical loss or damage

Communicable Disease Exclusion only applies to liability; COVID-19

causes property damage

Suspension: Suspended business due to COVID-19


Case Name: Gio Pizzeria & Bar Hospitality, LLC v. Certain Underwriters at Lloyd’s


Venue: USDC, SD New York

Pltf. Attys: Burns Bowen Bair LLP (Madison, Wi)

The Lanier Law Firm PC (Houston, Tx (pro hac vice))

DiCello Levit Gutzler LLC (Chicago, Il (pro hac Vice))


Claim: Florida pizzeria serving New Haven style coal-fired pizza forced to reduce

or suspend business due to COVID-19

Coverage: All risk; “Business Income” coverage for loss due to the necessary



caused by the action of a civil authority prohibiting access; contain no virus

exclusion; policy insures for slowdown or cessation of operations; COVID-

19 is property damage.

Suspension: Pizzeria forced to reduce or suspend operations


Case Name: SSF II, Inc. and Spartan Stir Fry v. The Cincinnati Insurance Company

Venue: Franklin County, Ohio

Pltf. Attys: Luper Neidenthal & Logan (Columbus, OH)

Claim: Six profitable Bd's Mongolian Grill restaurants who rely upon buffets and

salad bars suffered business income losses due to “recommendation” that

such restaurants close immediately (takeout for salad bar = 5% of sales).

Coverage: all risk; no virus or pandemic exclusion; fomites (uses “formites” [sic]);

“County Administrator for Broward County, Florida, found (scientifically)

and ordered that COVID-19 ‘is physically causing property damage due to

its proclivity to attach to surfaces for a prolonged period of time’”; arbitrary

bad faith denial; The policy is currently in full effect, providing property,

business personal property, governmental authority business interruption,

business interruption income and extra expense, "war" (declared and

undeclared), and ordinance or law coverage.

Suspension: Restaurants and bars ordered “to essentially cease operations other than

delivery and take-out services.

Relief: DJ (no damages sought, explicitly)

Case Name: C.A. Spalding Co. v. Selective Insurance Group et al.

Venue: USDC, E.D. Pa.

Pltf. Attys: LEVIN SEDRAN & BERMAN, L.L.P. (Philadelphia, PA)

GOLOMB & HONIK, P.C. (Philadelphia, PA)

Claim: Owner of commercial rental property containing offices and manufacturing

facility ceased operations on March 23, and continues to be shutdown due

to government orders, furloughing 41 employees.

Coverage: all risk; policy contains virus or bacteria exclusion; contamination of the

Insured Property would be a direct physical loss requiring remediation to

clean the surfaces of the offices and manufacturing facility constituting the

Insured Property; Friends of DeVito, et. al v. Wolf, No. 68 MM 2020 (Pa.

April 13, 2020) (cited for supporting that physical loss and damage exists);

Donald J. Trump said “if I had it I’d expect to be paid”; “ever-present risk

that Insured Property is contaminated”; fomite argument; no specific policy

language argued.

Suspension: Civil authority ordering stay-at-home required ceasing manufacturing

operations.

Relief: DJ

Case Name: Choctaw Nation of Oklahoma v. Lexington Ins. Co. et al.

Venue: Oklahoma, Bryant County

Pltf Atty: Whitten Burrage Law Firm (Oklahoma City, OK)

Claim: Commercial business and service losses due to the United States becoming

infected by COVID-19.

Coverage: All risk policy; include business interruption, interruption by civil authority,

limitations of ingress and egress, and extra expense. (¶15)

Suspension: Speculative

Relief: DJ

Case Name: John’s Grill, Inc. et al. v. The Hartford Financial Services Group, Inc. et al.

Venue: California, San Francisco

Pltf Atty: Cotchett, Pitre & McCarthy LLP (Burlingame, CA)

Claim: Landmark restaurant forced to close its doors to the public because of a

series of orders issued by the City and County of San Francisco and suffer

substantial financial loss and employee turnover.

Coverage: “summarily declined coverage”; “Civil Authority” coverage for business

interruptions caused by “order of a civil authority.” It also includes “Lost

Business Income & Extra Expense Coverage,” “Extended Business

Income” coverage, and “Business Income Extension for Essential

Personnel” coverage, as well as “Limited Fungi, Bacteria, Or Virus

Coverage”; defines “suspension” as “partial slowdown or complete

cessation of your business”

Suspension: State and local civil authorities in the San Francisco Bay Area issued orders

requiring that independent restaurants immediately close for business due

to the widespread physical presence of the Coronavirus. Specifically

“Restaurants and cafes—regardless of their seating capacity—that serve

food are ordered closed except solely for takeout and delivery service”;

fomite—but not by name

Relief: DJ, breach of contract, bad faith, deceptive business practices,

compensatory, general, exemplary and punitive damages, costs of suit,

attorneys’ fees, interest, injunctive relief

Case Name: Pearl Street Entertainment Group, LLC et al. v. Society Insurance

Venue: Indiana, Marion County

Pltf Atty: PARR RICHEY FRANDSEN PATTERSON KRUSE LLP (Indianapolis,

IN)

Claim: Restaurants shut down by civil authorities to slow and stop the spread of

COVID-19.

Coverage: all risk; institutional bad faith – “set in motion a plan . . . to conduct sham

investigations” prior to disclaiming to save money by not paying and by not

investigating; no pandemic-related exclusion

Suspension: Government closure orders forced halt to ordinary operation of restaurant.

Relief: direct, consequential, incidental, other damages yet identified, Bad faith

damages, pre/post judgment interest, attorneys’ fees.

Case Name: Moda LLC et al. v. Hartford Fire Ins. Co.

Venue: California, County of Santa Barbara

Pltf. Attys: GRIFFITH & THORNBURGH LLP (Santa Barbara, CA)

KASOWITZ BENSON TORRES LLP (Los Angeles, CA)

Claim: Wholesale retail design firms dependent upon retail store locations and

seasonal clothing cycles sustained business losses and canceled retail orders

due to orders of civil authorities, including overflowing, out-of-season

inventory that is “effectively unsellable.”

Coverage: all risk; business income coverage to Plaintiffs, "for the actual loss of

Business Income [they] sustain and the actual, necessary and reasonable

Extra Expense [they] incur due to the necessary interruption of [their]

business operations . . . due to direct physical loss of or direct physical

damage to property: civil authority coverage for loss of access to insured

location; Dependent Properties coverage for suspension of operations at

premises owned/operated by others depended upon to deliver

materials/services or accept their products/services; contains virus

exclusion (argued “New York – Exclusion” in title renders it inapplicable

outside of New York); preemptively and summarily denied coverage for the

claims of other hard-hit businesses nationwide

Suspension: Civil authority stay-at-home orders for non-essential business operations in

almost every state the design firms operate in.

Relief: Breach of contract, bad faith punitive damages, attorneys’ fees and costs,

interest, DJ, injunction, specific performance

Case Name: Truhaven Enterprises, Inc. v. Chubb LTD et al.

Venue: USDC, D.N.J. (Class Action)

Pltf. Attys: CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO

(Roseland, NJ)

SEEGER WEISS (Ridgefield Park, NJ)

ROBBINS GELLER RUDMAN & DOWD LLP (Melville, NY & Boca

Raton, FL)

Claim: Dine in restaurant and others similarly situated that are dependent upon

dine-in patrons suffered business losses due to orders of civil authorities.

Coverage: all risk; civil authority coverage; Chubb website: “The presence of an

infectious agent or communicable disease at a location where there is

covered property generally will not mean that property has suffered

‘physical loss or damage’ under your policy”; contains virus exclusion;

Suspension: Civil authority orders causing non-essential businesses disruption,

including restaurants and bars.

Relief: DJ, compensatory damages, prejudgment interest, costs and disbursements,

attorneys’ fees

Case Name: HTR Restaurants, Inc. et al. v. Erie Insurance Exchange

Venue: Pennsylvania, Allegheny County (Pennsylvania Class Action)

Pltf. Attys: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH ASSOCIATES, P.C. (Pittsburgh, PA)

KOHN SWIFT (Philadelphia, PA).

Claim: Restaurant owner and others similarly situated suffered business losses due

to orders of civil authorities.

Coverage: all risk; no virus exclusion; policy of insurance providing, inter alia,

business income, extra expense, contamination, civil authority

Suspension: Civil authority stay at home orders causing non-essential businesses to shut

down, including restaurants and bars.

Relief: DJ, injunctive relief

Case Name: Joseph Tambellini, Inc. v. Erie Insurance Exchange

Venue: Pennsylvania, Allegheny County

Pltf. Attys: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH ASSOCIATES, P.C. (Pittsburgh, PA)

KOHN SWIFT (Philadelphia, PA).

Claim: Restaurant owner suffered business losses due to orders of civil authorities.

Coverage: all risk; no virus exclusion; policy of insurance providing, inter alia,

business income, extra expense, contamination, civil authority

Suspension: Civil authority stay at home orders causing non-essential businesses to shut

down, including restaurants and bars.

Relief: DJ, injunctive relief, compensatory damages

Case Name: Café Central Holding Co. LLC v. Chubb Limited and Westchester Surplus

Lines (National Class Action)

Venue: USDC, SD Florida

Pltf Atty: Podhurst Orseck, PA (Miami, FL)

Boies Schiller Flexner LLP (Miami, FL)

Claim: Fine dining restaurant forced to close b/c of pandemic and local and state-

wide orders of Civil Authority precluding access to insured location [“The

presence of COVID-19 caused direct physical loss of and/or damage to the

covered premises under the Policy by, among other things, damaging the

property, denying access to the property, preventing customers from

physically occupying the property, causing the property to be physically

uninhabitable by customers, causing its function to be nearly eliminated or

destroyed, and/or causing a suspension of business operations on the

premises.”]

Coverage: All risk policy; defendants agreed to pay for all losses caused by “Covered

Causes of Loss,” defined as “direct physical loss unless the loss is excluded

or limited in this policy; defendants promised to pay for the loss of Business

Income sustained due to the necessary “suspension” of the insured’s

“operations” during the “period of restoration.”; suspension means a

slowdown or cessation of the insured’s business activities; “Civil

Authority” coverage, defendants promised to pay for the loss of Business

Income and Extra Expense that the Plaintiff sustained as a result of “action

of civil authority that prohibits access to the described premises; defendants

chose not to include the virus exclusion;

Suspension: Pandemic and civil orders have caused a complete shutdown; no access to

insured property

Relief: DJ, breach of contract

Case Name: Biscuit Café, Inc. v. Society Ins. Co. (Class Action)

Venue: USDC, ND Ill.

Pltf Atty: Edelson PC (Chicago, Ill)

The Fish Law Firm (Naperville, Ill)

Claim: Restaurant group reduced to pick-up and delivery and unable to launch new

location due to closure orders; movie theater owner required to cease

operations due to closure orders; Society blatantly breached insurance

contract in bad faith, denying claim without a meaningful investigation as

Illinois law provides that the presence of a dangerous substance is physical

loss or damage

Coverage: All risk; no virus exclusion (“This, the Policies purchased by Plaintiffs

cover property damage and business losses caused by viruses….); “pay for

the actual loss of Business Income” sustained by Plaintiffs “due to the

necessary suspension” of Plaintiffs’ operations during the period of

business interruption caused “by direct physical loss of or damage to

covered property” at Plaintiffs’ premises; “Suspension” means: (1) “the

partial slowdown or complete cessation of your business activities;” or (2)

“that a part or all of the described premises is rendered untenantable if

coverage for Business Income applies.”; Civil Authority coverage is

triggered by loss caused by an action of civil authority that prohibits access

to the insured premises, when any non-excluded cause results in damage to

property other than insured property and is intended to cover loss resulting

from governmental action “taken in response to dangerous physical

conditions.”; contamination is a covered cause of loss;

Suspension: Restaurants limited to off-premises consumption, theater total suspension

of operations


Case Name: Zwillo V. Corp. v. Lexington (AIG) (National Class Action; Missouri

subclass)

Venue: USDC, WD Mo

Pltd Atty: Stueve Siegel Hanson LLP (Kansas City, MO)

Langdon & Emilson LLC (Lexington, MO)

Miller Schirger LLC (Kansas City, MO)

Schaffer Lombardo Shurin, PC (Kansas City, MO)

Claim: Restaurant heralded as serving the “Best Berger in Kansas City” by the

Food Network and related catering business suffering 80% loss of revenues

due to stay at home orders.

Coverage: All risk; no virus exclusion (“risk of a virus like COVID-19 was foreseeable

to…defendant”); loss sustained due to the necessary interruption of

business caused by direct physical loss or damage; interruption of business

caused by an order from a civil authority; loss caused by the prevention of

existing ingress or egress at the premises; coverage for contaminants (which

is defined to include virus)

Suspension: 80% reduction in restaurant revenues following local and state-wide stay at

home order


Case Name: Jul-Bur Assoc. Inc. v. Selective Ins. Co. of America

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik (Philadelphia, PA)


Claim: Retail clothing store forced to close during busy spring trunk show season

Coverage: All risk; insurance applies to the actual loss of business income sustained

and the actual, necessary and reasonable extra expenses incurred when

access to the Insured Property is specifically prohibited by order of civil

authority as the direct result of a covered cause of loss to property in the

immediate area of Plaintiffs’ Insured Property; covered cause of loss means

direct physical loss or direct physical damage; virus exclusion should not

apply; President Trump supports insurance coverage for businesses like

plaintiff (quoting president saying that insurance companies should pay

business interruption claims)

Suspension: Complete cessation of operations

Relief: DJ

Case Name: Chester County Sports Arena v. Cincinnati

Venue: USDC, ED Pa

Pltf Atty: Golomb & Honik (Philadelphia, PA)


Beasley Allen Crow Methvin Portis & Miles (Montgomery, AL)

Claim: Multi-sport community rink ceased all operation in response to civil orders

Coverage: All risk; actual loss of business income sustained; covered cause of loss

means direct physical loss or damage; President Trump supports insurance

coverage for businesses like plaintiff (quoting president saying that

insurance companies should pay business interruption claims); [does not

seek a determination of whether the virus is physically present at the insured

premises]


Relief: DJ

Case Name: R Restaurant Group LLC v. Society Ins. Co.

Venue: Cook County, Illinois

Pltf Atty: Konocek & Dillon, PC (Genevail, IL)

[Complaint not presently available]

Case Name: Café Patachou at Clay Terrace, LLC v. Citizens Insurance Co.

Venue: Marion County, Indiana

Pltf Atty: Plews Shafley Racher & Braun LLP (Indianapolis, IN)

Claim: Local chain restaurant closes 12 locations due to stay at home orders

Coverage: All risk; We will pay for the actual loss of Business Income you sustain due

to the necessary "suspension" of your "operations" during the "period of

restoration". The "suspension" must be caused by direct physical loss of or

damage to property at "premises" which are described in the Declarations.

The loss or damage must be caused by or result from a Covered Cause of

Loss; alleges the “direct loss to property”

Suspension: Total suspension of operations

Relief: DJ

Case Name: Colectivo Coffee Roasters, Inc. v. Society Ins.

Venue: Milwaukee County, Wisconsin

Pltf Atty: Urban & Taylor (Milwaukee, WI)

[Complaint not presently available]

Case Name: Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc.

Venue: USDC, C.D. Cal.

Pltf Atty: SHERNOFF BIDART ECHEVERRIA LLP (Claremont, CA)

Claim: Gourmet restaurant (w/ own star on the Hollywood Walk of Fame) suffers

business income loss due to prohibition of dine-in, “effectively clos[ing]”

the restaurant.

Coverage: all risk; “Business Income (and Extra Expense)” coverage in the event there

is a “loss of Business Income … sustain[ed] due to the necessary

‘suspension’ of [Musso & Frank’s] ‘operations’” and/or “necessary

expenses … incur[red] … that [Musso & Frank] would not have incurred if

there had been no direct physical loss or damage to property caused by or

resulting from a Covered Cause of Loss”; “suspension” = slowdown or

cessation; civil authority; reduction of 72-hour threshold for period of

restoration to 24-hours; includes virus exclusion; minimal investigation =

bad faith

Suspension: Restriction on restaurants and bars prohibits dining and drinking on

premises, causing Musso & Frank to close its doors

Relief: damages, interest, attorneys’ fees, costs, economic and consequential

damages, punitive and exemplary damages

Case Name: Ascent Hospitality Management Co., LLC v. Employers Ins. Co. of Wausau

and Liberty Mutual Ins. Co.

Venue: Jefferson County, Alabama

Pltf Atty: SIROTE & PERMUTT, P.C. (Birmingham, AL)

Claim: Hospitality management company operating hotels and restaurants in five

separate states forced to cease or substantially limit business operations to

slow the spread of the pandemic.

Coverage: All-risk; no exclusion for pandemics or government shutdowns due to the

threat of a viral pandemic; Time element coverage; Civil authority;

ingress/egress coverage for the “actual loss sustained . . . due to the

necessary interruption of [Plaintiff’s] business if ingress to or egress from a

covered location is prevented, whether or not [Plaintiff’s] premises or

property is damaged. . . .”; bad faith

Suspension: Stay-at-home and/or shelter-in-place orders prohibit and/or substantially

limit operations

Relief: DJ, compensatory damages, punitive damages, attorneys’ fees, costs,

interests statutory penalties

Case Name: Millennia Hospitality Group, LLC Rose Mar LTD DBA The Lockkeepers

v. The Cincinnati Ins. Co.

Venue: Cuyahoga County, Ohio

Pltf Atty: RUTTER & RUSSIN, LLC (Cleveland, OH)

SPANGENBERG, SHIBLEY & LIBER, LLP (Cleveland, OH)

Claim: Hospitality company operating “some the [sic] finest venues in the country”

was required to cease and/or significantly reduce operations at all locations

due to order ceasing operations of non-essential businesses.

Coverage: coverage for business income, extra expense, and civil authority; policy =

exhibit; “suspension” = slowdown or cessation

Suspension: Suspension of dine-in services and closure of non-essential businesses by

government orders

Relief: DJ (invokes appraisal right for dispute on damages)

Case Name: Nashville Underground, LLC v. Nationwide Property and Casualty

Insurance Company

Venue: Davidson County, Tennessee

Pltf Atty: CLEMENTS LAW FIRM, PLLC (Nashville, TN)

Claim: Seven-story restaurant, bar, nightclub and live music venue claims business

interruption losses arising from direct physical loss to property following

governmental order shuttering all restaurants and bars that serve more

alcohol than food.

Coverage: all risk; Policy covers “suspicion” of contamination of food by employees

with a communicable disease; contains virus exclusion (exception for losses

related to food contamination); bad faith

Suspension: Governmental order forced restaurants and bars serving more alcohol than

food to close.

Relief: DJ, damages, special, consequential and incidental damages, statutory

penalties, punitive damages, costs, pre and post judgment interest and

attorneys fees.

Case Name: JA-DEL, Inc. v. Zurich American Ins. Co

Venue: Jackson County, Missouri

Pltf Atty: Monsees & Mayer PC (Kansas City, MO)

Claim: Unknown business makes claim for “losses during COVID-19 outbreak”

and bad faith

Coverage: Unknown

Suspension: Substantial loss of income

Relief: Breach of contract, statutory bad faith

Case Name: System Optics, Inc. v. Twin City Fire Ins. Co. (The Hartford)

Venue: Summit County, Ohio

Pltf Atty: Novak LLP (Cleveland, OH)

Sammon Law, LLC (Medina, OH)

Claim: Chain of optometry clinics ceased operations due to stay at home orders;

blatant denial of coverage to intentionally and maliciously deny benefits as

part of a preconceived design; failed to conduct any investigation; issued

denial in order to “establish an industry-wide trend in response to the

protentional mammoth economic exposures that Defendants….face…”

Coverage: All risk; no virus exclusion; actual loss of business income due to the

necessary suspension of operations caused by direct physical loss of or

damage to property; suspension includes partial shutdown or that part of the

premises that is rendered untenable as a result of a Covered Cause of Loss;

Civil Authority coverage applies when access to the scheduled premises is

specifically prohibited by order of a civil authority as a direct result of a

Covered Cause of Loss to property in the immediate area of the scheduled

premises; continuous presence of COVID virus rendered premises unsafe

and caused direct physical loss;

Suspension: $2 million loss of business income due to complete suspension of operations

Relief: DJ, Breach of contract, bad faith

Case Name: Tom James Company v. Zurich American Ins. Co.

Venue: Marion County, Indiana

Pltf Atty: Plews Shadley Racher & Braun (Indianapolis, IN)

Claim: Custom clothier with retail offices worldwide, forced to close or restrict its

operations and sustain loss and damage

Coverage: The Zurich Edge proprietary global property policy; all risk with $200

million in limits; insures against direct physical loss of or damage caused

by a Covered Cause of Loss; Covered Cause of Loss is all risks of direct

physical loss unless excluded; The Company will pay for the actual Time

Element loss the Insured sustains, as provided in the Time Element

Coverages, during the Period of Liability. The Time Element loss must

result from the necessary Suspension of the Insured's business activities at

an Insured Location. The Suspension must be due to direct physical loss of

or damage to Property caused by a Covered Cause of Loss; The Company

will pay for the actual Time Element loss sustained by the Insured, as

provided by this Policy, resulting from the necessary Suspension of the

Insured's business activities at an Insured Location if the Suspension is

caused by order of civil or military authority that prohibits access to the

Location. That order must result from a civil authority's response to direct

physical loss of or damage caused by a Covered Cause of Loss to property

not owned, occupied, leased or rented by the Insured or insured under this

Policy and located within the distance of the Insured's Location as stated in

the Declarations; decontamination coverage; ingress/egress coverage for

suspension of operations if entry to the insured location is prevented by

physical obstruction due to direct physical loss or damage

Suspension: Manufacturing and retail locations forced to close or greatly reduce

production;

Relief: DJ

Case Name: Wagner Shoes, LLC v. Auto-Owners Ins. Co.

Venue: USDC, ND Ala

Pltf Atty: Price Glover Hayes (Tuscaloosa, AL)

Colquett Law LLC (Birmingham, AL)

Claim: Retail children’s shoe store forced to close as a non-essential business

Coverage: All risk; will pay for direct physical loss of or damage to Covered Property

at the premises caused by any Covered Cause of Loss;” “Covered Causes

of Loss” includes “RISKS OF DIRECT PHYSICAL LOSS” unless

excluded; the insured only must show the existence of the policy and loss

to covered property, the burden of causation is on the insurer; presence

of COVID-19 is a direct physical loss without actual destruction of property

(presence of harmful substance)


Relief: DJ

Case Name: Barroso Inc. v. Twin City Fire Ins. Co. (The Hartford)

Venue: Arlington County, Virginia

Pltf Atty: The Veritas Law Firm (Washington, DC)

Claim: Mexican restaurant of 20 years on verge of collapse following suspension

of on-site dining by Governor’s executive order

Coverage: Policy affords coverage caused by fungi, bacteria or virus (“we will pay for

loss or damage by fungi, …and virus”); actual loss of business income due

to the necessary suspension of operations caused by direct physical loss of

or damage to property; Civil Authority coverage applies when access to the

scheduled premises is specifically prohibited by order of civil authority as

the direct result of a covered cause od loss to property in the immediate area

of the insured premises; suspension includes partial cessation;


Relief: DJ, Breach of contract

Case Name: Natty Greene’s Brewing Company, LLC et. al. v. Travelers Casualty

Insurance Company of America et al. (and The Hartford, Utica,

Frankenmuth, State Automobile Mut.)

Venue: North Carolina, Guilford County

Pltf Atty: Brown Faucher Peraldo & Benson PLLC (Greensboro, NC)

Claim: Collection of bars and restaurants lost future revenue from the cancelation

of men’s basketball tournament as a result of “public fear”

Coverage: All risk policy; “coverage for the plaintiff restaurants/premises for loss of

business revenues and the physical loss of that money.”; “The income not

arriving was as physical as it can get”; It is hard to imagine that the loss of

business revenues can be anything but ‘direct’ and ‘physical.’ To be sure,

money that was previously arriving is now not physically arriving; None [of

the policies] exclude coverage for damages caused by public fear and

commotion and/or governmental action implemented in an effort to prevent

the arrival of the virus or to mitigate the spread of the virus as opposed to

damages caused by the virus itself.”

Suspension: Not specified


Case Name: Malaube LLC v. Greenwich Ins. Co.

Venue: Miami-Dade County, Florida

Pltf Atty: Herskowitz Shapiro (Miami, FL)

Claim: Italian restaurant closed following Mayor’s order closing all restaurants for

on-site dining

Coverage: Actual loss of business income sustained caused by action of civil authority

that prohibits access to insured premises;

Suspension: Significant losses

Relief: DJ

Case Name: HTR Restaurants, Inc. D/B/A Siebs Pub Individually and on behalf of class

of Similarly Situated Persons v. ERIE Ins. Exchange

Venue: Allegheny County, Pennsylvania (Pennsylvania Class Action)

Pltf Atty: HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.

(Philadelphia, PA)

SCHMIDT KRAMER, P.C. (Harrisburg, PA)

JACK GOODRICH & ASSOCIATES (Pittsburg, PA)

KOHN SWIFT (Philadelphia, PA)

Claim: Restaurants claim losses caused by COVID-19 virus and the referenced

Orders.

Coverage: All risk; property, business, personal property, business income, extra

expense, contamination, civil authority and additional coverages; “Erie

Policy does not exclude the losses caused by the Coronavirus Pandemic”;

Suspension: Restaurants “ordered to close” and “forced to furlough employees”

Relief: DJ, injunctive relief

Case Name: Luke Wholey’s Wild Alaskan Grille, LLC v. ERIE Ins. Exchange

Venue: Allegheny County, Pennsylvania

Pltf Atty: EDGAR SNYDER & ASSOCIATES, LLC (Pittsburgh, PA)

Claim: Restaurant claims losses caused by COVID-19 virus and the referenced

Orders due to forced ceasing of dine-in services.

Coverage: All risk; Income Protection Coverage, Extra Expense Coverage, Civil

Authority Coverage, and additional coverages; No virus exclusion =

coverage for virus.

Suspension: Restaurant forced to cease dine-in services

Relief: DJ, damages in excess of statutory arbitration limits of Allegheny County,

plus costs and Pa. R.C.P. 238 delay damages.

Case Name: Ian McCabe Studio, LLC and Ian McCabe Studio at Union Market LLC v.

ERIE Ins. Exchange


Pltf Atty: LEVIN SEDRAN & BERMAN LLP (Philadelphia, PA)

GOLOMB & HONIK, P.C. (Philadelphia, PA)

ROBERT PIERCE & ASSOCIATES (Pittsburgh, PA)

Claim: Salons ordered to close its doors due to the Coronavirus global pandemic,

resulting in business losses.

Coverage: all risk; personal property, business income and extra expense,

contamination coverage and additional coverage; civil authority;

Suspension: Salon forced to close as non-essential business, resulting in furlough of 32

employees.

Relief: DJ

Case Name: Atma Beauty, Inc., individually and on behalf of all others similarly situated

v. HDI Global Specialty SE, Axis Specialty Europe SE, Underwriters at

Lloyd’s London

Venue: USDC, S.D. Fla. (National Class Action)

Pltf Atty: PODHURST ORSECK, P.A. (Miami, FL)

Claim: Salon and other businesses similarly situated forced to suspend business

operations as a result of COVID-19, causing significant expenses and

losses.

Coverage: all risk; business interruption, extra expense, civil authority coverage, all

underwritten on standard ISO forms; suspension = slowdown or cessation;

period of restoration includes 72-hour waiting period, but policy also

contains extended business income coverage beyond usual end of period

of restoration; no virus exclusion (CP 01 40 07 06) = coverage, since

carrier could have included it but did not; physical loss of and/or damage

from COVID-19 = damage to property, “denying access to the property,

preventing customers from physically occupying the property, causing the

property to be physically uninhabitable by customers, causing its function

to be nearly eliminated or destroyed, and/or causing a suspension of

business operations on the premises.”

Suspension: Non-essential businesses like salon’s closed by Emergency Order,

restricting public access.

Relief: DJ, compensatory damages, interest, costs and attorneys’ fees

Case Name: Lansdale 329 Prop, LLC et al.; individually and on behalf of all others

similarly situated v. Hartford Underwriters Ins. Co.

Venue: USDC, E.D. Pa. (National Class Action)

Pltf Atty: BARRACK, RODOS & BACINE (Philadelphia, PA)

Claim: Restaurants deemed non-essential and other businesses similarly situated

forced to suspend or reduce business as a result of COVID-19 government

orders, causing significant expenses and losses as a result of diminished

access of patrons and employees.

Coverage: all risk; business income and civil authority; extended business income

coverage; virus exclusion included in policy – argued inapplicable because

loss not due to virus, but rather effect of closure orders without concern

for whether the virus was actually present at the location

Suspension: Non-essential businesses like restaurant closed by government order,

restricting public access and preventing citizens from leaving home for non-

essential purposes as patrons and employees of such businesses.

Relief: DJ, Certification, compensatory damages, interest, costs and attorneys’ fees

Case Name: Laudenbach Periodontics and Dental Implants, LTD v. Liberty Mutual Ins.

Group


Pltf Atty: Anapol Weiss (Philadelphia, PA)

Claim: Dental offices mandated to close businesses in response to Coronavirus

pandemic.

Coverage: all risk; “business interruption coverage for closure by Order of Civil

Authority”; contract of adhesion; virus exclusion included in policy –

argued inapplicable because loss not due to virus, but rather effect of

closure orders without concern for whether the virus was actually present

at the location

Suspension: Dental practices and periodontists ordered to close for all routine operations

except emergency procedures, unless they used negative pressure rooms

and N95 masks, which they don’t have.

Relief: DJ, compensatory damages

Case Name: L & L Logistics and Warehousing Inc. d/b/a L & L Trucking v. Evanston

Ins. Co. and Markel Corp.

Venue: USDC, E.D. Va.

Pltf Atty: Breit Cantor Grana Buckner, PLLC (Richmond, VA)

LEVIN SEDRAN & BERMAN LLP (Philadelphia, PA)*

GOLOMB & HONIK, P.C. (Philadelphia, PA)*

ROBERT PEIRCE & ASSOCIATES (Pittsburgh, PA)*

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery, AL)*

(*pro hac vice)

Claim: Trucking company has suffered business loss due to the shut down of non-

essential stores and businesses by state and local orders arising out of the

pandemic; fomite theory of damage

Coverage: all risk; business interruption, extra expense, civil authority coverage;

includes virus exclusion – argued inapplicable

Suspension: Trucking company unable to operate due to California stay at home orders

preventing customers from operating their businesses and therefore,

rendering them without need to receive packages.

Relief: DJ

Case Name: Station 6, LLC v. Lloyd’s (National Class Action)

Venue: USDC, E.D. La

Pltf Atty: Herman Herman & Katz (New Orleans, LA)

Dilberto Law Firm (Metairie, LA)

Claim: Seafood restaurant suffers “direct physical loss of and damage to its

property”

Coverage: All risk; insurer bears the burden of proving that loss was caused by an

excluded risk

Suspension: Restaurant limited to curb-side pick up


Case Name: Scorpio Rising, Inc. DBA Bourbon Pub Parade v. Nautilus Insurance Co.

(The Hartford)(National Class Action)




Claim: French Quarter nightclub was ordered by Mayor to cease all operations


excluded risk; virus exclusion;

Suspension: Complete cessation of operations as a result of mayoral order


Case Name: NOLA Group Hotel, LLC v. Starr Surplus Lines Insurance Co. (National

Class Action)




Claim: Owner of six boutique hotels in New Orleans


excluded risk

Suspension: Unstated


Case Name: Simon Wiesenthal Center, Inc. and Moriah Films v. Chubb

Venue: USDC, C.D. Ca

Pltf Atty: Gauthier Murtphy & Houghtaling LLC (Metairie, LA)

Russ August & Kabat (Los Angeles, CA)

Claim: Holocaust-oriented human rights organization and museum and its film arm

unable to hold 2020 National Tribute Dinner honoring George and Amal

Clooney, among other events

Coverage: All risk; actual loss of business income sustained when access to the

scheduled premises is specifically prohibited by order of civil authority as

the direct result of a covered cause of loss to property within one mile of

the scheduled premises; fomite theory (the virus “creates a physical impact

and loss on property as it alters surfaces”); no virus exclusion

Suspension: Cancelled events, closed museums, among other losses

Relief: DJ

Case Name: New Orleans Hamburger & Seafood Co. v. Starr Surplus Lines Insurance

Co. (National Class Action)




Claim: Chain restaurant owner sustains physical loss of and damage to its property


excluded risk

Suspension: Unstated


Case Name: Beniak Enterprises, Inc. v. Chubb (National Class Action)

Venue: USDC, D. NJ

Pltf Atty: Carella Byrne Cecchi Olstein Brody & Angello (Roseland, NJ)

Seeger Weiss (Ridgefield Park, NJ)

Robbins Geller Rudman & Dowd LLP (Melville, NY and Boca Raton, FL)

Claim: Italian eatery forced to close to on-site diners as a result of virus mitigation

effort

Coverage: Actual loss of Business Income sustained when access to the insured

property due to the necessary “suspension” of your “operations” during

the “period of restoration”. The “suspension” must be caused by direct

physical loss of or damage to property at premises which are described in

the Declarations; Civil Authority: When a Covered Cause of Loss causes

damage to property other than property at the described premises, we will

pay for the actual loss of Business Income you sustain and necessary Extra

Expense caused by action of civil authority that prohibits access to the

described premises, provided that both of the following apply:

(1) Access to the area immediately surrounding the damaged property

is prohibited by civil authority as a result of the damage, and the described

premises are within that area but are not more than one mile from the

damaged property; and

(2) The action of civil authority is taken in response to dangerous

physical conditions resulting from the damage or continuation of the

Covered Cause of Loss that caused the damage, or the action is taken to

enable a civil authority to have unimpeded access to the damaged

property.

Virus exclusion inapplicable because efficient proximate cause of loss was

the precautionary measures of the government and not the presence of

virus in or on insured’s property

Suspension: Total cessation of operations


Case Name: Rush Hour Live Escape Games, LLC v. MESA Underwriters Specialty

Insurance Co,

Venue: USDC, E.D. Va

Pltf Atty: Breit Cantor Grana Buckner PLLC (Richmond, VA)

Golomb & Honik PC (Philadephia, PA)

Robert Peirce & Assoc. (Pittsburg, PA)

Beasley Allen Crow Methvin Portins & Miles PC (Montgomery, AL)

Claim: Business of known variety forced to suspend operations due to orders of

civil authority

Coverage: All risk; the policy covers “direct ‘loss’ to Covered Property at the

‘premises’ caused by or resulting from any Covered Cause of Loss.” The

policy defines “loss” as “accidental physical loss or accidental physical

damage.”; “[w]e will pay for the actual loss of ‘Business Income’. . . you

sustain due to the necessary ‘suspension’ of your ‘operations’ during the

‘period of restoration’”, and that the “loss” must be “caused by or

result[ing] from” a Covered Cause of Loss; “[w]hen a Covered Cause of

Loss causes damage to property other than Covered Property at a

‘premises’, we will pay for the actual loss of ‘Business Income’ and

necessary Extra Expense you sustain caused by action of civil authority

that prohibits access to the ‘premises’. . .”



Case Name: Milkboy Center City, LLC v. Cincinnati Insurance Co. (National Class

Action)

Venue: USDC, E.D. Pa

Pltf Atty: Barrack Rodos & Bacine (Philadelphia, PA)

Stephen R. Basser (San Diego, CA)

Claim: Music venue, bar and restaurant facility shutdown because of civil orders

precluding musical performances and on-site dining.

Coverage: All risk; the policy covers “direct ‘loss’ to Covered Property at the

‘premises’ caused by or resulting from any Covered Cause of Loss.” The

policy defines “loss” as “accidental physical loss or accidental physical

damage.”; “[w]e will pay for the actual loss of ‘Business Income’. . . you

sustain due to the necessary ‘suspension’ of your ‘operations’ during the

‘period of restoration’”, and that the “loss” must be “caused by or

result[ing] from” a Covered Cause of Loss; “[w]hen a Covered Cause of

Loss causes damage to property other than Covered Property at a

‘premises’, we will pay for the actual loss of ‘Business Income’ and

necessary Extra Expense you sustain caused by action of civil authority

that prohibits access to the ‘premises’. . .”



Case Name: Cosmetic Laser, Inc. v. Twin City Fire Insurance Company (The Hartford)


Venue: USDC, District of Connecticut

Pltf Atty: Koskoff Koskoff & Bieder PC (Bridgeport, Connecticut)

Dicello Levitt Gutzler LLC (Chicago, Illinois)

Dicello Levitt Gutzler LLC (Mentor, Ohio)

The Lanier Law Firm PC (Houston, Texas)

Burns Bowen Bair LLP (Madison, Wisconsin)

Daniels & Tredennick (Houston, Texas)

Claim: Medi Spa offering cosmetic treatments was forced to suspend or reduce

business due to COVID-19 and the resultant closure orders issued by civil

authorities in Ohio.

Coverage: Special Property Coverage Policy; covered “Time Element Coverages,”

“Business Income” coverage, “Civil Authority” coverage and “Extra

Expense” coverage; “Business Income” coverage pays for loss due to

necessary suspension of operations following physical loss of or damage to

the insured premises (¶4); “Civil Authority” coverage pays for loss caused

by action of a civil authority that prohibits access to insured premises

because of damage to property in the immediate area of the insured premises

(¶5); “Extra Expense” coverage pays for expense incurred to minimize the

suspension of business and to continue operations (¶6); also included in the

policy is a “Limited Fungi Bacteria or Virus Coverage” endorsement, which

will pay for losses caused by a virus (¶7), but Twin City’s payment is limited

to the amount of loss and expense during a period of thirty days or the

number of days indicated in the policy declarations (¶8);

Suspension: Civil authority requiring cancellation of non-essential or elective surgeries

on March 17, 2020 by the State of Ohio; On March 18, 2020, the State of

Ohio issued civil authority requiring barbershops, hair salons, and nail

salons to close in the State; On March 22, 2020, civil authority was issued

requiring the closure of non-essential businesses.

Relief: DJ

Case Name: Little Stars Corporation d/b/a The Little Gym of Gilbert v. Hartford

Underwriters Insurance Company; The Hartford Financial Services Group,

Inc. d/b/a The Hartford; and Sentinel Insurance Company, LTD.


Pltf Atty: Ury & Moskow (Fairfield, Connecticut)

Levin Sedran & Berman LLP (Philadelphia, Pennsylvania)

Golomb & Honik, P.C. (Philadelphia, Pennsylvania)

Robert Peirce & Associates (Pittsburgh, Pennsylvania)

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery,

Alabama)

Claim: Gym was forced to shut its doors as a result of state and local mandates.

Coverage: All Risk; “Civil Authority” coverage “insurance is extended to apply to the

actual loss of business income sustained and the actual, necessary and

reasonable extra expenses incurred when access to the Insured Property is

specifically prohibited by order of civil authority as the direct result of a

covered cause of loss to property in the immediate area of Plaintiff’s Insured

Property (¶14); “On April 10, 2020, President Trump seemed to support

insurance coverage for business loss like that suffered by the Plaintiff”

(¶28).

Suspension: “State and local orders mandating that all non-essential in-store business

must shut down, Plaintiff shut its doors for customers on March 16, 2020”

(¶2); “On March 11, 2020, the Governor of Arizona declared a Public

Health Emergency related to the Covid-19 pandemic” (¶22); “On April 1,

2020, the Governor of Arizona issued the closure of non-essential

businesses …. Extended the closure until at least May 15, 2020” (¶¶25-26);

Relief: DJ

Case Name: Rencana LLC d/b/a Core Reform Pilates and The Irvine Company LLC v.

The Hartford Financial Services Group, Inc. and Sentinel Insurance

Company, LTD.







Alabama)

Claim: Pilates schools and accompanying retail stores suffered business loss as a

result of enforcement of Civil Authority Orders which mandated all non-

essential in-store business to shut down on March 16, 2020. Prospective

denial because virus is not physical loss.

Coverage: All Risk; Business interruption insurance (¶10, ¶18); “includes coverage

for, among other things, business personal property, business income,

special business income and professional business income (¶13). “On April

10, 2020, President Trump seemed to support insurance coverage for

business loss like that suffered by the Plaintiff” (¶31). “The President

is articulating a few core points …. The COVID-19 pandemic should

be covered unless there is a specific exclusion for pandemics” (¶32)

Suspension: “On March 16, 2020 the State of California prohibited all gatherings

regardless of size. This order effectively shut down all non-essential

businesses” (¶28); “On March 17, 2020 the State of California issued a stay-

at-home order that all non-essential workers must stay at home as a result

of COVID-19. This order has been extended indefinitely” (¶29).

Relief: DJ

Case Name: Consulting Advantage Inc. v. The Hartford Fire Insurance Company and

Commercial Inland Marine Hartford Fire Insurance Company







Alabama)

Claim: Trucking school suffered business loss as a result of enforcement of state

and local government orders which mandated all non-essential in-store

business to shut down on March 16, 2020. Prospective denial because of

virus exclusion clause.

Coverage: All Risk; Business interruption insurance (¶9); “includes coverage for,

among other things, business personal property, business income, special

business income and professional business income (¶12); “… provides

coverage for all covered losses, including but not limited to direct physical

loss and/or direct physical damage, unless a loss is specifically excluded or

limited in the Policy” (¶16); “Defendant provides for a Virus Exclusion

under the policy. The Exclusion for viruses does not apply to this pandemic

(¶18); “On April 10, 2020, President Trump seemed to support

insurance coverage for business loss like that suffered by the Plaintiff”

(¶30). “The President is articulating a few core points …. The COVID-

19 pandemic should be covered unless there is a specific exclusion for

pandemics” (¶31)

Suspension: “On March 16, 2020 the State of California prohibited all gatherings

regardless of size. This order effectively shut down all non-essential

businesses” (¶27); “On March 17, 2020 the State of California issued a stay-

at-home order that all non-essential workers must stay at home as a result

of COVID-19. This order has been extended indefinitely” (¶28).

Relief: DJ

Case Name: The K’s Inc. v. Westchester Surplus Lines Insurance Company (National

Class Action)

Venue: USDC, Northern District of Georgia

Pltf Atty: Knight Palmer, LLC (Atlanta, Georgia)






Claim: Bar offering drinks, dancing, karaoke and live music suffered business loss

as a result of closure orders issued by civil authorities in Massachusetts.

Prospective denial.

Coverage: All risk; business income coverage; civil authority coverage, “which

promises to pay for loss caused by the action of a civil authority that

prohibits access to the insured premises because of danger at the property”

(¶4); Extra expense coverage; “Duties in the Event of Loss…. Mandates

record of expenses necessary to protect the Covered Property for

consideration of the claim …. Sue and labor coverage” (¶6); No inclusion

of exclusion for losses caused by the spread of viruses (¶16).

Suspension: “On March 23, 2020 the State of Massachusetts issued a civil authority

order requiring the closure of bars and nightclubs in Massachusetts. This

order has been in effect since March 24, 2020. (¶29);

Relief: DJ

Case Name: Alliance Radiology, P.A. v. CNA Financial Corporation and Continental

Casualty Company (National Class Action)

Venue: USDC, District of Kansas

Pltf Atty: Stueve Siegel Hanson LLP (Kansas City, Missouri)

Langdon & Emison (Lexington, Missouri)

Miller Schirger LLC (Kansas City, Missouri)

Shaffer Lombardo Shurin, P.C. (Kansas City, Missouri)

Claim: Radiology practice with twenty-eight physicians working with 20 hospitals

and freestanding imaging centers forced to stop all elective procedures and

greatly reduce operations. Prospective denial due to insurance industry’s

uniform approach of denial of coverage in connection with the pandemic.

“Current evidence shows that the first death from COVID-19 was at

least February 6, 2020 – weeks earlier than previously reported,

suggesting that the virus has been circulated in the United States much

earlier than previously assumed. Patients, employees, and/or other

visitors to the insured property over the last two months were infected

with coronavirus and thereby infected the insured property with the

coronavirus” (¶18). “The ISO … has recognized for years that a virus

can constitute physical damage to property … in 2006 it announced the

submission of an exclusion of loss due to disease-causing agents such as

viruses and bacteria” (¶64).

Coverage: All risk commercial property insurance policy that did not exclude or limit

coverage for losses from viruses or communicable diseases like COVID-

19, no pandemic-exclusion clause (¶63); business income coverage; civil

authority coverage; sue and labor coverage; extra expense coverage.

Suspension: On March 24, 2020, Johnson County, Kansas issued a stay-home order; On

March 28, 2020, The Kansas Governor issued executive order establishing

a statewide “stay-home” which superseded the Johnson County Order (¶36).

“Johnson County and the State of Kansas have issued stay-at-home-

orders… (¶15); even essential businesses have suffered due to staffing

concerns and implementation of extra cleaning and personal protective

equipment necessity (¶12);

Relief: DJ

Case Name: Promotional Headwear Int’l v. The Cincinnati Insurance Company, Inc.


Venue: USDC, District of Kansas





Claim: Wholesale distributor of headwear, bags, aprons, towels and other products,

including custom promotional caps sold to businesses across globe for

marketing purposes, with at least 16 distributors worldwide forced to

greatly reduce its operations due to COVID-19. “Current evidence shows

that the first death from COVID-19 occurred as early as February 6,

2020 – weeks earlier than previously reported, suggesting that the virus

has been circulated in the United States far longer than previously

assumed. It is likely customers, employees, and/or other visitors to the

insured property over the last two months were infected with the

coronavirus and thereby infected the insured property with the

coronavirus (¶15).

Coverage: All-risk commercial property insurance policy that did not exclude

pandemic coverage; Business Income coverage; Civil Authority coverage;

Extra Expense coverage; Ingress or Egress coverage; Sue and Labor

coverage. “The policy defines “suspension” to include the “slowdown or

cessation of your business activities” (¶21).

Suspension: On March 24, 2020, Johnson County, Kansas issued a stay-home order. On

March 28, 2020, the Kansas Governor issued an executive order

establishing a statewide “stay-home” order.

Relief: DJ

Case Name: Legal Sea Foods, LLC v. Strathmore Insurance Company

Venue: USDC, District of Massachusetts

Pltf Atty: Hunton Andrews Kurth LLP (Washington, DC)

Hunton Andrews Kurth LLP (Boston, Massachusetts)

Hunton Andrews Kurth LLP (Atlanta, Georgia)

Claim: Restaurant suffered business loss as a result of state and local closure orders.

Carry out or delivery is not feasible for Plaintiff, given its menu, brand and

business. Prospective denial.

Coverage: Commercial property insurance; physical loss; business income; extra

expense; all risk; “… the policy was entered into and became effective

on March 1, 2020, months after Strathmore had knowledge that the

novel virus, SARS-CoV-2, the causative agent for COVID-19, could

cause direct physical loss of or damage to property and months after

Strathmore had knowledge that businesses in China, Italy and

elsewhere in the world were being shuttered because of the presence

and spread of COVID-19” (¶2). No virus or pandemic exclusion or

limitation in the policy.

Suspension: “On March 16, 2020 at 10:00 p.m. the Mayor of the District of Columbia

ordered the suspension of restaurant table service” (¶66);

Relief: DJ

Case Name: Goodwood Brewing, LLC v. United Fire Group and United Fire & Casualty

Company

Venue: USDC, Western District of Kentucky

Pltf Atty: Morgan & Morgan Kentucky, PLLC (Lexington, Kentucky)

Mark A. Nation, Esquire (Longwood, Florida)

Claim: Brewpub and taproom suffered business loss as a result of state and local

closure orders. Plaintiff relies on dependent businesses to operate, and the

partnering bars and restaurants are not able to work together at this time.

Prospective denial.

Coverage: Commercial; Micro-Brewery Ultra Property Plus; Extra expense coverage;

Physical loss; “Defendant did not include the virus exclusion in the schedule

of forms applicable to Plaintiff’s Kentucky properties.”… “therefore, direct

physical loss from virus, pandemic, or the threat of virus or pandemic is a

Covered Cause of Loss under the Policy for the Kentucky properties”. (¶18-

19); Civil Authority Additional Coverage. “Plaintiff’s Louisville property

is located within a half-mile of the University of Louisville Hospital . . .

persons with COVID-19 have suffered from the virus, and died from

the virus within a mile of Goodwood’s property” (¶42).

Suspension: “On March 16, 2020 the Kentucky Cabinet for Health and Family Services,

Department of Public Health and the Public Protection Cabinet, Alcoholic

Beverage Control issued an Order …. Food and beverage sales are restricted

to carry-out, delivery and drive-thru only; no onsite consumption is

permitted”. (¶28);

Relief: DJ

Case Name: Doug Coates and Marcia Hille v. Foremost Insurance Company (National

Class Action)

Venue: USDC, Western District of Michigan

Pltf Atty: Dicello Levitt Gutzler LLC (Chicago, Illinois)




Claim: Short term vacation rental business suffered business loss due to closure

orders issued which prohibit occupancy of vacation lodges by civil

authorities in Oregon. Prospective denial.

Coverage: All Risk; Loss of rents coverage; Property coverage;

Suspension: “On March 22, 2020, Tillamook County issued an order requiring the

closure of all transient lodging facilities, including short-term vacation

rentals. This order has been in effect since noon on March 23, 2020”. (¶19);

Relief: DJ

Case Name: O’Brien Sales and Marketing Inc. v. Transportation Insurance Company


Venue: USDC, Northern District of California

Pltf Atty: Schneider Wallace Cottrell Konecky LLP (Emeryville, California)

Claim: Marketing agency suffered damage by the presence of COVID-19 and

resulting suspension of business. Lost business income and paid extra

expense due to COVID-19. Prospective denial.

Coverage: All Risk; Special Property; Business Income; Extra Expense; Civil

Authority

Suspension: The Governor of California issued Executive Order N-33-20, which limits

and reduces business operations.

Relief: DJ

Case Name: Pigment Inc v. The Hartford Financial Services Group, Inc. and Sentinel

Insurance Company, LTD. (National Class Action)

Venue: USDC, Southern District of California

Pltf Atty: Robbins Geller Rudman & Dowd (San Diego, California)

Robbins Geller Rudman & Dowd (Boca Raton, Florida)

Robbins Geller Rudman & Dowd (Melville, New York)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. (Roseland, New

Jersey)

Seeger Weiss LLP (New York, New York)

Claim: Retail locations selling artisan-crafted home goods, furniture, plants and

hosting community workshops and events has suffered damage by the

presence of COVID-19. Prospective denial.

Coverage: All risk; commercial property; business income; civil authority; extra

expense;

Suspension: Issuance of COVID-19 Civil Authority Orders to “shelter in place” or “stay

at home”.


Case Name: Nari Suda LLC d/b/a Nari and Pakin Corporation d/b/a Kin Khao v. Oregon

Mutual Insurance Company (National Class Action)

Venue: USDC, Northern District of California – San Francisco Division

Pltf Atty: Lieff Cabraser Heimann & Bernstein, LLP (San Francisco, California)

Law Office of Alexandra L. Foote, P.C. (San Francisco, California)

Claim: Celebrated, Michelin star award winning San Francisco Thai fusion

restaurants suffered damage by the force of business closure due to COVID-

19. Employees were furloughed, and later laid off, but the Restaurants have

continued funding medical benefits for employees, but their ability to

continue to do so is limited. Prospective denial.

Coverage: All risk; Business interruption; Lost Business Income; Civil Authority; no

language covering catastrophic disease outbreaks, like pandemics.

Suspension: Issuance of COVID-19 Civil Authority Order on March 16, 2020 stating,

“restaurants and cafes – regardless of their seating capacity – that serve food

are ordered closed except solely for takeout and delivery service” (¶32).

Unable to mitigate the loss despite numerous, creative attempts to

implement methods of service that are not typical for this business pre-

pandemic.


Case Name: Kingray Inc. d/b/a LA Quinta Beer Hunter v. Farmers Group Inc., Farmers

Insurance Company, Inc. and Truck Insurance Exchange (National Class

Action)

Venue: USDC, Central District of California

Pltf Atty: Law Office of Robert G. Loewy, P.C. (Aliso Viejo, California)

Robbins Geller Rudman & Dowd LLP (San Diego, California)

Robbins Geller Rudman & Dowd LLP (Boca Raton, Florida)

Robbins Geller Rudman & Dowd LLP (Melville, New York)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. (Roseland, New

Jersey)

Seeger Weiss LLP (New York, New York)

Zwerling, Schachter & Zwerling, LLP (New York, New York)

Claim: Sports bar and Grill suffered loss due to COVID-19. Prospective denial.

Coverage: All risk; Business interruption; Commercial property; does not exclude

coverage for pandemics. “Plaintiff’s exclusion of loss due to virus or

bacteria provision does not exclude plaintiff’s losses because the

efficient proximate cause of losses was precautionary measures taken

by its state to prevent the spread of COVID-19 in the future, not

because coronavirus was found on or around plaintiff’s insured

property”. (¶49)

Suspension: “On March 19, 2020, Gov. Newsom issued Executive Order N-33-20, a

civil authority order that required all residents to stay home . . . including

plaintiff’s retail locations, have been ordered to close their doors”. (¶4).


Case Name: Hair Perfect International, Inc. v. Sentinel Insurance Company, Limited,

d/b/a The Hartford (National Class Action)

Venue: USDC, Central District of California – Western Division

Pltf Atty: Johnston & Hutchinson LLP (Los Angeles, California)

Law Offices of Robert L. Shapiro (Los Angeles, California)

The Kneafsey Firm (Los Angeles, California)

The Ammons Law Firm, LLP (Houston, Texas)

Claim: Suffered loss due to COVID-19. Prospective denial.

Coverage: Special property; business income; extra expense, civil authority; sue and

labor coverages; limited fungi, bacteria or virus coverage.

Suspension: “On March 22, 2020, the Health Officer for the City of Pasadena,

California, issued a revised Health Officer Order closing non-essential

businesses, including businesses like Plaintiffs. (¶36).


Case Name: Valley Lodge Corp. v. Society Insurance, a Mutual Company

Venue: USDC, Northern District of Illinois – Eastern Division

Pltf Atty: Clifford Law Offices, P.C. (Chicago, Illinois)

Claim: Casual dining restaurant suffered loss due to COVID-19. Prospective

denial. “Despite Society Insurance’s express promise in its policy to

cover the Plaintiff’s business interruption losses when the government

forces a closure, Society Insurance has issued blanket denials to

Plaintiff . . . often within hours of receiving a claim”. (¶5) “On March

16, 2020, before Plaintiff had submitted its claim, the CEO of Society

Insurance circulated a memo . . . Society Insurance’s policies would

likely not provide coverage for losses due to a governmental imposed

shut down due to COVID-10 (coronavirus).” (¶6)

Coverage: All risk; Business interruption; does not include an exclusion for loss caused

by a virus

Suspension: Closure orders by Illinois Governor Pritzker.


Case Name: JDL INC d/b/a Vegas Image and LV Candy LLC v. Valley Forge Insurance

Company (National Class Action)

Venue: USDC, Northern District of Illinois





Claim: Distributor of bulk casino and gambling-themed chocolates and candy gift

boxes, plus plush toys existence is threatened over COVID-19. Prospective

denial.

Coverage: All risk; Special property; business income; extra expense, civil authority;

extra expense; sue and labor. Does not include any exclusion for losses

caused by the spread of viruses or communicable diseases.

Suspension: “On or about March 20, 2020, the State of Nevada issued a civil authority

order and regulations requiring the closure of non-essential businesses”.

(¶29).


Case Name: Kedzie Boulevard Café, Inc., Elsewhere, LLC and Flying Squirrel

Industries, LLC v. Society Insurance, Inc.

Venue: USDC, Northern District of Illinois

Pltf Atty: Leonard Meyer LLP (Chicago, Illinois)

Claim: Bar/restaurants forced by COVID-19 and governmental orders of the State

of Illinois to close. Prospective denial.

Coverage: Business income; business interruption; do not exclude losses arising or

resulting from viruses or pandemics.

Suspension: “On or about March 15, 2020, Governor Pritzker issued an Executive Order

closing all restaurants, bars . . . in an attempt to control and respond to the

COVID-19 pandemic.” (¶12). “On or about March 20, 2020, Governor

Pritzker issued an Executive Order . . . . all non-essential businesses must

close” (¶14).

Relief: DJ, breach of contract, bad faith

Case Name: 351 Kingsbury Corner, LLC d/b/a The Hampton Social and The Bassment

v. Society Insurance

Venue: USDC, Northern District of Illinois – Eastern District

Pltf Atty: Meyers and Flowers, LLC (St. Charles, Illinois)

Weisman, Kennedy & Berris (Cleveland, Ohio)

Claim: Restaurant/musical cocktail lounge forced by COVID-19 and governmental

orders of the State of Illinois to close. Prospective denial, communication

prior to submission of claim. Contrary to the law of Illinois. “Illinois courts

have consistently held that the presence of a dangerous substance in a

property constitutes physical loss or damage”. (¶8).

Coverage: All risk; Business interruption; does not exclude losses arising or resulting

from viruses.

Suspension: State of Illinois closure orders forced a halt in ordinary operations.

Relief: DJ, breach of contract, bad faith

Case Name: 3 Squares LLC, d/b/a 3 Squares Diner and Yusho LLC, d/b/a Jam

Restaurant v. The Cincinnati Insurance Company (National class action)


Pltf Atty: Romanucci & Blandin, LLC (Chicago, Illinois)

Spangenberg, Shibley & Liber, LLP (Cleveland, Ohio)

Rutter & Russin, LLC (Cleveland, Ohio)

Claim: Restaurant forced to close by COVID-19 and governmental orders of the

State of Illinois to close. Prospective denial.

Coverage: Business income; extra expense, civil authority. No inclusion of the ISO

standard virus exclusion form in Defendants policies. “Other than

reference to a computer virus, the Policies include no exclusion that

references the word virus” (¶17). “The term civil authority is not

defined in the Policies” (¶20).

Suspension: State of Illinois closure orders forced a halt in ordinary operations.

Relief: DJ

Case Name: Image Dental, LLC v. Citizens Insurance Company of America (National

class action)


Pltf Atty: The Law Offices of Michael M. Mulder (Evanston, Illinois)

Schneider Wallace Cottrell Konecky LLP (Emeryville, California)

Schneider Wallace Cottrell Konecky LLP (Houston, Texas)

Claim: Dental offices that focus on elective dental procedures, routine cleanings

and cosmetic procedures forced to close due to orders by the State of

Illinois. Prospective denial. “Citizens agent stated “Your Business

Owners Policy does not extend coverage for the business income due to

the Coronavirus. We are not aware of any insurance policy that would

provide coverage, this is an industry wide standard” (¶7).

Coverage: All risk; business interruption; civil authority; extra expense, business

income; Nothing in the policy excludes losses from a pandemic.

Suspension: American Dental Association recommendation to postpone elective

procedures; Executive Order 2020-10 by Illinois Governor Pritzker closing

all “non-essential” businesses.

Relief: DJ

Case Name: Roscoe Same LLC, Big & Little’s Lakeview LLC and Big & Little’s Empire

LLC v. Society Insurance (National class action)


Pltf Atty: Barnow and Associates, P.C. (Chicago, Illinois)

Blood Hurst & O’Reardon, LLP (San Diego, California)

Claim: Restaurants serving gourmet fast food and Thai food forced to stop normal

restaurant operation due to the State of Illinois response to COVID-19.

Large percentage of business dropped due to stay-at-home orders and

increase in costs for restaurants to pay delivery app companies (¶22).

Prospective denial.

Coverage: Business Income; civil authority; extra expense; does not exclude losses

from pandemics.

Suspension: Governor Pritzker’s order closing all inessential business, stay-at-home

order until May 30, 2020.

Relief: DJ, Breach of Contract

Case Name: JDS 1455, Inc. d/b/a West On North v. Society Insurance (National class

action)


Pltf Atty: Sperling & Slater, P.C. (Chicago, Illinois)

Klevatt & Associates, LLC (Chicago, Illinois)

Law Office of Marcy W. Reinfranck (Northbrook, Illinois)

Claim: Restaurants and bar forced to halt ordinary operations due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business Interruption; Businessowners Special Property

Coverage; No virus exclusion

Suspension: Governor’s order which does not permit “food to be eaten at the site

where it is provided, or at any other gathering site due to the virus’s

propensity to physically impact surfaces and personal property” (¶16).

Relief: Compensatory damages; Breach of Contract

Case Name: Kenneth Seifert d/b/a The Hair Place and Harmar Barbers, Inc. v. IMT

Insurance Company (National class action)

Venue: USDC, District of Minnesota

Pltf Atty: Gustafson Gluek PLLC (Minneapolis, Minnesota)

Gustafson Gluek PLLC (San Diego, California)

Throndset Michenfelder, LLC (St. Michael, Minnesota)

Lockridge Grindal Nauen, P.L.L.P. (Minneapolis, Minnesota)

Claim: Hair salon and barber shop forced to halt ordinary operations due to

COVID-19. Prospective denial.

Coverage: All risk; Businessowner’s Owners Insurance; Commercial Property

Coverages;

Suspension: Governor of Minnesota’s Executive Order requiring closure of businesses

such as Plaintiffs, in an attempt to protect the public from the spread of

COVID-19.

Relief: Breach of Contract; DJ

Case Name: Young Blood Coffee Roasters, LLC v. State Auto Property and Casualty

Insurance Co. (National class action)


Pltf Atty: Schwebel Goetz & Sieben, P.A. (Minneapolis, Minnesota)

Stueve Siegel Hanson LLP (Kansas City, Missouri)

Langdon & Emison LLC (Lexington, Missouri)



Claim: Coffee Roaster Café with locations in Minnesota and North Dakota forced

to halt ordinary operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil Authority; Property Insurance; Sue and Labor Coverage; No

virus exclusion

Suspension: Governor of Minnesota’s Executive Order requiring closure restaurants and

cafes, as well as stay-at-home orders have impacted Plaintiff’s business.

North Dakota location was able to re-open on May 1, 2020, with 50%

capacity, tables 6 feet apart, and a 4 hour a day closure window for deep

cleaning. (¶30).


Case Name: Lucy’s Burgers, LLC v. Society Insurance, Inc.


Pltf Atty: GDO Law (White Bear Lake, Minnesota)

Claim: Restaurant forced to cease operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil Authority; Businessowners Policy; Business Interruption; No

virus exclusion

Suspension: Minnesota Governor Walz ordered all restaurants and bars closed to the

public, beginning on March 17, 2020.

Relief: Breach of Contract; DJ; Statutory Bad Faith

Case Name: Studio 417, Inc. v. The Cincinnati Insurance Company (National Class

Action)

Venue: USDC, Western District of Missouri – Southern Division

Pltf Atty: Boulware Law LLC (Kansas City, Missouri)

Votava Nantz & Johnson, LLC (Kansas City, Missouri)

Claim: Hair Salon forced to cease operations due to COVID-19. Prospective denial.

Coverage: All risk; Building and Personal Property Coverage; Business Income; Extra

Expense, Civil Authority; Sue and Labor; No virus exclusion

Suspension: State of Missouri required the suspension of business to minimize the

spread of COVID-19.

Relief: DJ; Breach of Contract;

Case Name: Grand Street Dining, LLC, GSD Lenexa, LLC and Trezomare Operating

Company, LLC v. The Cincinnati Insurance Company (National Class

Action)

Venue: USDC, Western District of Missouri – Western Division

Pltf Atty: Wagstaff & Cartmell LLP (Kansas City, Missouri)

Claim: Fine dining restaurants with catering to wedding and event spaces forced to

limit operations due to COVID-19. Prospective denial.

Coverage: All Risk; Business Income; Property Coverage; Extra Expense; Civil

Authority; No virus exclusion

Suspension: State of Missouri closure order required the suspension of business to

minimize the spread of COVID-19. “On March 12, 2020, Quinton D.

Lucas, the Mayor of the City of Kansas City, Missouri, issued a

proclamation declaring a state of emergency . . . . to protect life and

property” (¶46).


Case Name: Boozer-Lindsey, P.A., L.L.C., d/b/a Athens Dental Works v. Sentinel

Insurance Company, Ltd., a wholly owned subsidiary of The Hartford

Venue: USDC, Eastern District of Texas – Tyler Division

Pltf Atty: Miller Weisbrod, LLP (Dallas, Texas)

Claim: Dental care office forced to close on March 19, 2020 due to COVID-19.

Prospective denial. Sentinel sent a letter to Plaintiff on April 1, 2020,

“coronavirus did not cause property damage at your place of business

. . . [e]ven if the virus did cause damage, it is excluded from the policy .

. .” (¶21)

Coverage: All risk; Business income; Civil authority; First-party property; business

personal property; extra expense. Virus exclusion, “Defendant ignores the

fact that the exclusion states that it applies only to the [p]resence,

growth, proliferation, spread . . . it does not state that it applies to a loss

caused by the need to prevent against the threat of viral transmission”

(¶22).

Suspension: State of Texas closure order.

Relief: DJ; Breach of Contract; Bad Faith

Case Name: Salum Restaurant LTD d/b/a Salum Restaurant v. The Travelers Indemnity

Company

Venue: USDC, Northern District of Texas – Dallas Division

Pltf Atty: Fears Nachawati, PLLC (Dallas, Texas)

Lemaster & Ahmed PLLC (Plano, Texas)

Claim: Fine dining restaurant and formal catering company forced to close due to


Coverage: Business income; Civil authority; No virus exclusion

Suspension: Dallas County and City of Dallas “Stay Home Stay Safe” orders prohibiting

all dine-in services. The nature of this restaurant is fine dining and formal

catering, so curbside was not an option.


Case Name: Frosch Holdco, Inc. d/b/a Frosch; Frosch International Travel, LLC d/b/a

Frosch Travel; and FT Travel, Inc. v. The Travelers Indemnity Company

and The Charter Oak Fire Insurance Company

Venue: USDC, Southern District of Texas – Houston Division


Claim: International travel agency service with offices in multiple states and

international locations forced to close due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Business income; Virus exclusion

Suspension: Quarantine, shelter-in-place and stay-home orders issued in the United

States forcing suspension of business and personal travel.

Relief: DJ; Breach of Contract; Bad Faith; Violation of Texas Insurance Code

Case Name: Geneva Foreign & Sports, Inc., v. Erie Insurance Company of New York;

Erie Insurance Company; and Erie Indemnity Company doing business as

Erie Insurance Exchange (National Class Action)

Venue: USDC, Western District of Pennsylvania

Pltf Atty: Edelson PC (Chicago, Illinois)

Edelson PC (San Francisco, California)

Claim: Car service and sales centers in New York area forced to close due to


Coverage: All risk; Business interruption; Income protection; Extra expense; Civil

authority; No virus exclusion

Suspension: State of New York closure orders, noting Mayor Bill DeBlasio of New York

City who said, on March 16, 2020 “The virus physically is causing property

loss and damage” (¶40). Business is considered non-essential, and thus has

remained closed since the closure orders went into effect.

Relief: DJ; Breach of Contract; Judgment (deceptive acts and practices)

Case Name: Eric R. Shantzer, DDS d/b/a Richboro Dental Excellence v. Travelers

Casualty Insurance Company of America, The Travelers Indemnity

Company

Venue: USDC, Eastern District of Pennsylvania

Pltf Atty: Levin Sedran & Berman, L.L.P. (Philadelphia, Pennsylvania)



Alabama)

Claim: Dental office locations forced to close for all appointments, except

emergency treatments, due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Civil authority; Extra expense; Contamination;

No virus exclusion

Suspension: Governor Wolf and Pennsylvania Secretary of Health – stay-at-home order

through May 8, 2020; closure of non-life-sustaining business.

Relief: DJ

Case Name: Sidkoff, Pincus & Green PC v. Sentinel Insurance Company, Limited


Pltf Atty: Golomb & Honik (Philadelphia, Pennsylvania)

Levin Sedran & Berman, L.L.P. (Philadelphia, Pennsylvania)


Alabama)

Claim: Law firm forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Extra expense; Civil authority; Contamination

coverage; No specific exclusion of virus coverage “we will pay for loss

or damage by “fungi”, wet rot, dry rot, bacteria and virus.” (¶19).

Suspension: State and Local Orders requiring all non-life-sustaining businesses in

Commonwealth to cease operations.

Relief: DJ

Case Name: Newchops Restaurant Comcast LLC, doing business as Chops v. Admiral

Indemnity Company


Pltf Atty: Golomb & Honik (Philadelphia, Pennsylvania)


Claim: Restaurant forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income and extra expense; Business

personal property; contamination; “The Policy’s Exclusion of Loss Due to

Virus or Bacteria does not apply to the business losses incurred by

Plaintiff here.” (¶19b)

Suspension: Closed to customers on March 16, 2020, due to State and local orders.

Relief: DJ

Case Name: Windber Hospital d/b/a Chan Soon Shiong Medical Center v. Travelers

Property Casualty Company of America (National Class Action)

Venue: USDC, Western District of Pennsylvania

Pltf Atty: Haggerty, Goldberg, Schleifer & Kupersmith, P.C. (Philadelphia,

Pennsylvania)

Schmit Kramer, P.C. (Harrisburg, Pennsylvania)

Jack Goodrich & Associates (Pittsburgh, Pennsylvania)

Kohn, Swift & Graf, P.C. (Philadelphia, Pennsylvania)

Claim: Medical center forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; Extra expense; Contamination; Civil authority;

No virus exclusion

Suspension: Closed due to Governor Tom Wolf’s Order requiring all non-life-sustaining

businesses to cease operation.

Relief: DJ

Case Name: Ronald A. Mikkelson DDS v. Aspen American Insurance Company


Venue: USDC, Western District of Washington at Tacoma

Pltf Atty: Keller Rohrback L.L.P. (Seattle, Washington)

Keller Rohrback L.L.P. (Santa Barbara, California)

Claim: Dentistry practice forced to close for all procedures, except for on an

emergency basis due to COVID-19. Prospective denial.

Coverage: All risk; Business interruption; Extra expense; Civil authority; No virus

exclusion

Suspension: Closed pursuant to Governor Inslee’s orders. Dentist’s such as Plaintiff

were permitted to preform emergency and urgent procedures, but nothing

else.

Relief: DJ; Breach of Contract

Case Name: Jennifer B. Nguyen v. Travelers Casualty Insurance Company of America


Venue: USDC, Western District of Washington at Seattle



Claim: Dentistry practice forced to close for all procedure due to COVID-19.

Prospective denial.

Coverage: Business income coverage; extra expense; extended business income; civil

authority; No virus exclusion

Suspension: Closed pursuant to Governor Inslee’s orders.


Case Name: Mudpie, Inc., v. Travelers Casualty Insurance Company of America



Pltf Atty: Gibbs Law Group LLP (Oakland, California)

Cohen Milstein Sellers & Toll PLLC (Washington, DC)

Claim: Retail store selling fine children’s clothing, books, and other goods forced

to close due to COVID-19. Curbside sales and delivery have since been

permitted. Prospective denial.

Coverage: Business interruption; Commercial liability; Civil authority; No virus

exclusion

Suspension: On March 19, 2020, California’s Governor Newsome enacted a “stay at

home” order which has forced the closure of in person business for the states

retailers.

Relief: DJ; Breach of Contract; Breach of Good Faith and Fair Dealing

Case Name: Raven and The Bow, LLC d/b/a Ivy Room v. First Mercury Insurance





Claim: Music venue forced to close due to COVID-19. This closure not only

threatens bars and employees, but California’s music scene as well. “Even

when California relaxes or revokes its mandates, Ivy Room will

encounter continued loss of business income due to those orders

because, in issuing those orders, government officials have stated that

densely occupied public spaces are dangerously unsafe, and continuing

to operate the venue in the same manner as before could expose Ivy

Room to the risk of contaminated premises as well as exposing

customers and workers to transmission and infection risks”. (¶29)

Prospective denial.

Coverage: Business interruption; Commercial liability; Property Insurance; Business

income; Civil authority; No virus exclusion

Suspension: On March 19, 2020, California’s Governor Newsome enacted a “stay at

home” order which has forced the closure of Plaintiff’s music venue.


Case Name: Border Chicken AZ LLC v. Nationwide Mutual Insurance Company, and

Allied Property & Casualty Insurance Co. (National Class Action)

Venue: USDC, District of Arizona

Pltf Atty: Bonnett Fairbourn Friedman & Balint, P.C. (Phoenix, Arizona)

Kaufman, Coren & Ress, P.C. (Philadelphia, Pennsylvania)

Fleischman Bonner & Rocco LLP (White Plains, New York)

Claim: Fast-food restaurants with chains in multiple states forced to switch to drive

up, delivery and pick up operations. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; No virus exclusion

Suspension: On March 19, 2020, Governor Ducey of Arizona limited operations of food

businesses through drive up, delivery and pick up operations to slow the

spread of COVID-19. Other states which house Plaintiff’s other franchises

executed similar orders.


Case Name: Dr. Jeffrey Milton, DDS, Inc., v. Hartford Casualty Insurance Company.









Claim: Pediatric specialty dentist forced to suspend business due to COVID-19.

Prospective denial.

Coverage: All risk; income; Civil authority; Business income; Extra expense; Virus

coverage endorsement

Suspension: On March 18, 2020, the Ohio State Dental Board issued an advisory that all

non-essential or elective dental procedures should be postponed, and on

March 22, 2020, the State of Ohio issued a civil authority requiring closure

of non-essential businesses.


Case Name: ONE04 Beauty Lounge LLC v. Sentinel Insurance Company, Ltd. (National

Class Action)








Claim: Personal care and beauty salon forced to reduce and suspend business due

to COVID-19. Prospective denial.

Coverage: All risk; business income; Civil authority; Business income; Extra expense;

Virus coverage endorsement

Suspension: On March 20, 2020 the State of Nevada issued a civil authority requiring

the closure of non-essential businesses.


Case Name: SA Palm Beach LLC v. Certain Underwriters at Lloyd’s London, and

Underwriters at Lloyd’s London Known as Syndicates CNP 4444, AFB

2623, AFB 623, BRT 2987, BRT 2988, NEO 2468, SAM 727, AXS1686,

XIS H4202, QBE 1886, DUW 1729, WBC 5886, CHN 2015, HDU 382,

MSP 318, AGR 3268, APL 1969, ACS 1856, AMA 1200, TAL 1183 and

PPP 9981 (National Class Action)

Venue: USDC, Southern District of Florida

Pltf Atty: Robbins Geller Rudman & Dowd LLP (Boca Raton, Florida)

Carella, Byrne, Cecchi, Olstein, Brody & Agnello (Roseland, New Jersey)

Seeger Weiss (Ridgefield Park, New Jersey)


The Sacks Firm (Parkland, Florida)

Claim: Restaurant forced to suspend business due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Business interruption; Business income; Extra

expense; Virus exclusion – “Total Mold, Mildew or Other Fungi Exclusion

. . . organic pathogen” (¶32).

Suspension: On March 20, 2020, Governor DeSantis issued an Executive Order which

prohibited any food service establishment from serving the public, with

permission to participate in delivery and take-out.


Case Name: 10E, LLC, v. The Travelers Indemnity Company of Connecticut, a

corporation; Eric Garcetti, an individual, and; DOES 1 to 25, inclusive

Venue: Superior Court of the State of California – Los Angeles County

Pltf Atty: Geragos & Geragos, APC (Los Angeles, California)

Dhillon Law Group Inc. (San Francisco, California)

Claim: Restaurant business closed due to COVID-19. Delivery and take-out

services are permitted, but Plaintiff’s business is not set up in that fashion.

Additionally, Plaintiff’s staff did not want to work out of fear of contracting

the virus. Plaintiff names Los Angeles Mayor Garcetti in action.

Prospective denial.

Coverage: All risk; Business income; Extra expense; Civil authority; No virus

exclusion

Suspension: Civil authority closure due to a statewide stay at home order.

Relief: DJ

Case Name: Map Legacy Inc. d/b/a Signature Grand v. Zurich American Insurance

Company


Pltf Atty: Cassel & Cassel, P.A. (Hollywood, Florida)

Claim: Reception venue forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Business income; No virus exclusion – a Microorganism exclusion

exists, which reads, in part, “We will pay the following when

microorganisms are the result of a covered cause of loss, other than fire

or lightening . . . including the cost of removal of the microorganisms .

. . the reasonable cost of testing performed after removal, repair,

replacement or restoration of the damaged property is completed there

is a reason to believe microorganisms are still present” (¶28). Plaintiff

feels the microorganism’s coverage is unclear and contradictory.

Suspension: March 22, 2020 Broward County Emergency Order forcing closure of non-

essential business to help stop the spread of COVID-19.


Case Name: Fitness OM LLC d/b/a Club Pilates v. Arch Insurance Company


Pltf Atty: Mark A. Nation, Esquire (Longwood, Florida)

Morgan & Morgan, P.A. (Miami, Florida)

Claim: Fitness studio forced to close due to COVID-19. Prospective denial.

Coverage: Business income; extra expense; covered property; No virus exclusion;

Governmental action exclusion

Suspension: On March 20, 2020, Governor DeSantis issued Executive Order No. 20-71

which ordered closure of gyms and fitness centers.


Case Name: Sun Cuisine, LLC d/b/a Zest Restaurant and Market v. Certain Underwriters

at Lloyd’s London Subscribing to Contract Number B0429BA1900350

Under Collective Certificate Endorsement 350OR100802 (National Class

Action)


Pltf Atty: Kozyak Tropin & Throckmorton LLP (Coral Gables, Florida)

Kopelowitz Ostrow Ferguson Weiselberg Gilbert (Fort Lauderdale, Florida)

Claim: Restaurant and related food and beverage operation forced to switch to

delivery only, which has resulted in a significant drop in business.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; No virus

exclusion;

Suspension: On March 17, 2020, Miami-Dade County Mayor Carlos Gimenez issued an

Emergency Order which closed all restaurants, other than for delivery.


Case Name: Dunlays Management Services LLC d/b/a 4 Star Restaurant Group,

Dunlays Roscoe LLC, O’Daddy, LLC, Duntell LLC, Southport LLC d/b/a

Crosby’s Kitchen and d/b/a Ella Eli; 4 Star 3455 LLC, Doc West LLC, 4

Star 20 North LLC d/b/a Remington’s Chicago, 4 Star 160 LLC d/b/a The

Windsor, 4 Star 3358 Southport LLC d/b/a Tuco & Blondie, O’Daddy

Wrigley, LLC, Smoke Daddy Foods, LLC v. Society Insurance (National

Class Action)

Venue: USDC, Northern District of Illinois – Eastern Division

Pltf Atty: Hart McLaughlin & Eldridge, LLC (Chicago, Illinois)

Kabateck LLP (Los Angeles, California)

Claim: Taverns and restaurants forced to reduce and close their businesses due to


Coverage: Civil authority; Business income; Business personal property; Extra

expense; No virus exclusion;

Suspension: On March 20, 2020, the Governor for the State of Illinois, JB Pritzker,

issued an Executive Order outlining the closure of non-essential businesses.

Plaintiff’s dine-in restaurants were not considered essential.

Relief: Breach of Contract

Case Name: Odyssey Imports, Inc. v. The Charter Oak Fire Insurance Company

Venue: USDC, Western District of Louisiana

Pltf Atty: Herman, Herman & Katz, LLC (New Orleans, Louisiana)

Claim: Wholesale home décor distributor forced to close down amid non-essential

business closure orders. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Alterations and

New Buildings; Interruption of Computer Operations; Delayed net income

loss; No virus exclusion;

Suspension: On March 23, 2020, business was closed due to emergency proclamations

issued by Governor Edwards.

Relief: Breach of Contract; Bad Faith;

Case Name: Project Lion LLC, d/b/a Greek Sneek, Project M LLC d/b/a LA Comida,

and Project W LLC, d/b/a LA Cave v. Badger Mutual Insurance Company


Venue: USDC, District of Nevada

Pltf Atty: The O’Mara Law Firm, P.C. (Reno, Nevada)


Seeger Weiss (New York, New York)



Claim: Food service establishments forced to halt operation due to COVID-19.

Plaintiffs note that their loss was due to government restriction to prevent

the spread of the virus, not due to Coronavirus being found in or on their

insured property. Prospective denial.

Coverage: All risk; Business interruption; Virus or bacteria exclusion which

contains the following language “we do not pay for loss, cost or expense

cause by, resulting from, or relating to any virus, bacterium or other

microorganism that causes disease, illness or physical distress or that is

capable of causing disease, illness or physical distress (¶44).”; Civil

authority exclusion contains the following language “we do not cover

loss caused by order of civil authority, including seizure, confiscation,

destruction, or quarantine of property” (¶42).

Suspension: Businesses closed due to Governmental closure orders.


Case Name: Egg Works Holding Company, LLC; E&I, Catering, LLC; EW Live, LLC

dba Egg Works; Egg and I, LLC; Egg Works, LLC; Egg Works 2, LLC;

Egg Works 3, LLC; Egg Works 4, LLC; Egg Works 5, LLC; Egg Works 6,

LLC; and EW Commissary, LLC v. Acuity, A Mutual Insurance Company



Pltf Atty: Arias Sanguinetti Wang & Torrijos, LLP (Las Vegas, Nevada)

Arias Sanguinetti Wang & Torrijos, LLP (Los Angeles, California)

Brayton Purcell, LLP (Novato, California)

Claim: Family owned and operated restaurant group which employs over 400

Nevada residents forced to suspend operations due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; General liability; Excess liability; Bis-Pak liability;

Business interruption; Extra expense; Virus exclusion which contains the

following language: “that induces or is capable of inducing physical

distress, illness or disease” (¶41).

Suspension: On March 20, 2020, Nevada Governor Sisolak issued a Declaration of

Emergency Directive which closed non-essential businesses and ceased in-

person dining at restaurants.

Relief: Breach of Contract; Bad Faith; Declaratory Relief

Case Name: Egg and I, LLC; Egg Works, LLC; Egg Works 2, LLC; Egg Works 3, LLC;

Egg Works 4, LLC; Egg Works 5, LLC; Egg Works 6, LLC and EW

Commissary, LLC v. U.S. Specialty Insurance Company; Professional

Indemnity Agency, Inc. d/b/a Tokio Marine, HCC-Specialty Group



Pltf Atty: Arias Sanguinetti Wang & Torrijos, LLP (Las Vegas, Nevada)


Brayton Purcell, LLP (Novato, California)

Claim: Family owned and operated restaurant group which employs over 400

Nevada residents forced to suspend operations due to COVID-19.

Prospective denial.

Coverage: All risk; Restaurant recovery; Business income; Business interruption;

Extra expense; Accidental Contamination inclusion contains the

following language: “use or consumption of such insured product(s)

has resulted in or would result in clear, identifiable, internal or external

visible physical symptoms of bodily injury, sickness, disease, or death .

. . following such consumption or use” (¶30). “Insured projects is

defined in the Declarations Page of the Policy as “All retail restaurant

offerings served during the Policy period at any time at any of the

Insured’s Locations. . (¶31). Virus exclusion specific to Avian Influenza

Viruses (¶38).

Suspension: On March 20, 2020, Nevada Governor Sisolak issued a Declaration of

Emergency Directive which closed non-essential businesses and reduced

food service to delivery and curbside. In-person dining was prohibited.

Relief: Breach of Contract; Bad Faith; Declaratory Relief

Case Name: N&S Restaurant, LLC, v. Cumberland Mutual Fire Insurance Company


Venue: USDC, District New Jersey

Pltf Atty: Carella, Byrne, Cecchi, Olstein, Brody & Agnello (Roseland, New Jersey)




Claim: Restaurant forced to close as a result of Governmental orders due to


Coverage: All risk; Business interruption; Civil authority; Extra expense; Virus

exclusion which states “any virus, bacterium or other microorganism

that induces or is capable of inducing physical distress, illness or

disease” (¶38) – but Plaintiff claims this is not applicable, because their

losses were not due to anything other than the closure of their business for

precautionary measures.

Suspension: Restaurant closure due to Governmental stay-at-home orders.


Case Name: Café Plaza De Mesilla Inc., v. Continental Casualty Co (National Class

Action)

Venue: USDC, District of New Mexico

Pltf Atty: Durham, Pittard & Spalding, LLP (Santa Fe, New Mexico)

The Ammons Law Firm, LLP (Houston, Texas)

Claim: Restaurant and espresso bar whose existence is now threatened because of


Coverage: All risk; Special property coverage; Business income; Extra expense; Civil

authority; Sue and labor; No Virus exclusion;

Suspension: The Governor of New Mexico mandated the suspension of businesses,

including Plaintiff’s, which was followed up by a prohibition from

Secretary Kunkel outlining the removal of on-site consumption at

restaurants.


Case Name: Buffalo Xerographix Inc., v. Sentinel Insurance Company, Ltd., The

Hartford Insurance Group a/k/a The Hartford Financial Services Group,

Inc.; Hartford Fire Insurance Company; Hartford Accident and Indemnity

Company; Hartford Casualty Insurance Company; Hartford Insurance

Company of Illinois; Hartford Insurance Company of The Midwest;

Hartford Underwriters Insurance Company; New England Insurance

Company; New England Reinsurance Corporation; Pacific Insurance

Company, Limited; Property and Casualty Insurance Company of Hartford;

Trumbull Insurance Company and Twin City Fire Insurance Company


Venue: USDC, Western District of New York

Pltf Atty: Duke Holzman Photiadis & Gresens LLP (Buffalo, New York)

Claim: Plaintiff claims their employees, customers, vendors, and premises has been

exposed to the Virus. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business interruption; loss of

business income; No virus exclusion

Suspension: On March 20. 2020, New York Governor Andrew Cuomo reduced all non-

essential businesses’ on-site workers by 100%. As a result, Plaintiff ceased

operations.

Relief: Breach of Contract; Declaratory Relief

Case Name: Sharde Harvey DDS PLLC v. The Hartford Financial Services Group Inc.

and Sentinel Insurance Company LTD

Venue: USDC, Southern District of New York

Pltf Atty: Hecht, Kleeger & Damashek, PC (New York, New York)



Robert Pierce & Associates (Pittsburgh, Pennsylvania)


Alabama)

Claim: Dental office experiencing business loss due to limited ability. Plaintiff can

only preform emergency services once a week or once every two weeks and

cannot perform any of the usual preventative care. Prospective denial.

Coverage: All risk; Civil authority; No virus exclusion

Suspension: On March 20, 2020, New York Governor Andrew Cuomo issued a stay-at-

home order which caused Plaintiff’s practice to no longer function at full

capacity.

Relief: DJ

Case Name: Food for Thought Caterers Corp., v. The Hartford Financial Services Group,

Inc. and Sentinel Insurance Company, Ltd. (National Class Action)


Pltf Atty: Giskan Solotaroff & Anderson LLP (New York, New York)

Boni, Zack & Snyder LLC (Bala Cynwyd, Pennsylvania)

Langer, Grogan & Diver P.C. (Philadelphia, Pennsylvania)

Claim: Full-service catering business suffered direct loss and use of their business

as a result of civil authorities. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; No virus exclusion

Suspension: On March 12, 2020, New York Governor Andrew Cuomo ordered that any

large gathering or event in excess of 500 people be cancelled or postponed,

and all other gatherings operate at no more than 50% occupancy. On March

16, 2020, Governor Cuomo amended this order to cancel any gatherings and

cease on-premises food or beverage service. On March 23, 2020, Governor

Cuomo signed Executive Order No. 202.10 which ordered that “non-

essential gatherings of individuals of any size for any reason (e.g. parties,

celebrations or other social events) are cancelled or postponed at this time.”

(¶24).


Case Name: Red Apple Dental PC v. The Hartford Financial Services Group, Inc. and

Sentinel Insurance Company, LTD., (National Class Action)


Pltf Atty: Berger Montague PC (Washington, DC)

Berger Montague PC (Philadelphia, Pennsylvania)

Greg Coleman Law PC (Los Angeles, California)

Whitfield Bryson LLP (Raleigh, North Carolina)

Claim: Family dental practice forced to curtail its practice due to COVID-19 as a

result of local New York Governmental orders, as well as guidance from

the New York Department of Health. All non-emergency dental services

have been cancelled. Prospective denial.

Coverage: All risk; Civil authority; Business income; No virus exclusion

Suspension: On March 16, 2020, the American Dental Association recommended that

dentists postpone elective procedures. On March 20, 2020, New York

Governor Andrew Cuomo issued a stay-at-home order which caused

Plaintiff’s practice to no longer function at full capacity.


Case Name: Social Life Magazine, Inc., v. Sentinel Insurance Company Limited


Pltf Atty: Gabriel Fischbarg, Esq. (New York, New York)

Claim: Publication business is unable to function as intended due to the presence

of COVID-19 in New York. Due to the nature of their business, Plaintiff

and employees are unable to work from home. Prospective denial.

Coverage: Civil authority; Business loss; Business income; No virus exclusion

Suspension: New York State stay at home orders, Plaintiff is not able to telecommute.

Relief: DJ; Breach of Contract; Breach of Duty of Good Faith

Case Name: Lombardi’s Inc.; Lombardi’s Family Concepts, Inc.; Penne Snider, LLC;

Penne Preston, LLC; Alberto Lombardi Interests, LLC; Taverna Domain

Austin, LP; Café Toulouse River Oaks District, LP; Café Monaco HPV,

LLC; Penne Lakewood, LLC; Taverna Buckhead, LP; Taverna Domain

Austin LP; Taverna Domain Austin LP; Taverna Austin, LLC; Taverna Ft.

Worth, LLC; Toulouse Knox Bistro, LLC; Taverna Armstrong, L.L.C;

Toulouse Domain Austin, LP; Bistro 31 Legacy, LP; Taverna Legacy, LP;

Taverna Buckhead, LP; and Lombardi’s of Desert Passage, Inc. v.

Indemnity Insurance Company of North America

Venue: USDC – District of Dallas County

Pltf Atty: Munsch Hardt Kopf & Harr, P.C. (Dallas, Texas)

Claim: Restaurant group suffered loss as a result of the pandemic and health care

crisis. Prospective denial. Plaintiff notes discrepancy between their initial

conversations with CHUBB regarding coverage, and the blanket “no” they

received.

Coverage: All risk; Civil authority; First-party property; Business personal property;

Business income; Extra expense; “The Exclusion of Loss Due to Virus or

Bacteria has no application to the Lombardi’s claims in light of its plain

language. Alternatively, the exclusion is ambiguous and must be construed

in the light most favorable to Lombardi’s. Contrary to the assertions of

Chubb, this exclusion is not a pandemic exclusion” (¶35).

Suspension: On March 16, 2020, the County of Dallas amended an existing order to

provide “Restaurants with or without drive-in or drive-through services . . .

may only provide take out, delivery or drive-through services as allowed by

law” (¶18). Similar orders went into effect in other states where Plaintiff

has restaurants.

Relief: Breach of Contract; Breach of duty of good faith and fair dealing

Case Name: Café International Holding Company, LLC v. Chubb Limited and

Westchester Surplus Lines Insurance Company (National Class Action)


Pltf Atty: Podhurst Orseck, P.A. (Miami, Florida)

Boies Schiller Flexner LLP (Miami, Florida)

Claim: Fine dining restaurant forced to suspend business operations as a result of


Coverage: All risk; Business interruption; Extra expense; Civil authority; No virus

exclusion

Suspension: On March 20, 2020, the Governor of Florida issued an Executive Order

which requires restaurants such as Plaintiff’s to close on-premises food

service. On March 26, 2020, Broward County issued an amendment which

required the closure of all non-essential businesses, including restaurants

and bars.


Case Name: SA Hospitality Group, LLC, 1000 Madison Avenue LLC, Astoria Cakes

LLC, Café Focaccia, Inc., Realtek LLC, SA Midtown LLC, Bailey’s

Restaurant LLC, SA Special Events, Inc., Sase LLC, Eighty Third and First

LLC, 265 Lafayette Ristorante LLC, Felice Gold Street LLC, SA 61st

Management LLC, SA York Ave LLC, SA Third Ave Café LLC, SABF

LLC, Felice Chambers LLC, and Felice Water Street LLC v. Hartford

Financial Services Group, Inc., Hartford Fire Insurance Company and

Sentinal Insurance Company, Limited (National Class Action)


Pltf Atty: Carella, Byrne, Cecchi Olstein, Brody & Agnello (Roseland, New Jersey)




Claim: Restaurant group made up of dine-in restaurants, wine bars and cafes forced

to suspend business operations as a result of COVID-19. Nature of

Plaintiff’s business is an in-person model, not designed for takeout or

delivery. Prospective denial.

Coverage: All risk; Business interruption; Civil authority; Virus and bacteria

endorsement (Plaintiff claims this does not apply, as the loss was due to

precaution to prevent the spread of COVID-19, not caused by the virus

itself).

Suspension: New York State government enacted order requiring all non-essential

businesses to close.


Case Name: Thor Equities, LLC v. Factory Mutual Insurance Company


Pltf Atty: Mckool Smith, P.C. (New York, New York)

Claim: Owner of commercial real estate suffered loss as tenants have not paid rent

for non-essential businesses, hotels and other properties remain vacant due

to reduction in travel. Plaintiff notes confirmed presence of Coronavirus

at several of its properties (¶5). Prospective denial.

Coverage: Civil authority; Business interruption; Loss of rental income; Time element

coverage which notes interruption by communicable disease; Extra

expense; Property damage communicable disease response coverage and

decontamination costs; No virus exclusion – policy notes coverage for “loss

caused by the actual not suspected presence of communicable disease” (¶3).

Suspension: Many of the locations in which Plaintiff owns commercial property have

been placed under stay-at-home restrictions, with closure of non-essential

businesses which pay rent to Plaintiff.


Case Name: Stan’s Bar-B-Q LLC v. The Charter Oak Fire Insurance Company (National

Class Action)




Claim: Barbeque restaurant and catering business forced to operate on a limited

basis due to COVID-19. Prospective denial.

Coverage: Civil authority; Property; Business income; Extra expense; Extended


Suspension: Washington Governor Jay Inslee issued a stay home, stay healthy order

which closed non-essential businesses, and certain aspects of Plaintiff’s

business.


Case Name: Henderson Road Restaurant Systems, Inc. DBA Hyde Park Grille and

Coventry Restaurant Systems, Inc. DBA Hyde Park Chop House, and

Chagrin Restaurants LLC DBA Hyde Park Prime Steak House, and JR Park

LLC DBA Hyde Park Prime Steak House, HP CAP LLC DBA Hyde Park

Prime Steak House, NSHP, LLC DBA Hyde Park Prime Steakhouse, and

HPD Restaurant Systems Inc. DBA Hyde Park Prime Steakhouse, and 457

High Street Development LLC, and RJ Moreland Hills, LLC, and Cap

Restaurant Development LLC and Northville Development, LLC vs. Zurich

American Insurance Company (National Class Action)

Venue: Court of Common Pleas – Cuyahoga County, Ohio

Pltf Atty: Sonkin & Koberna, LLC (Cleveland, Ohio)

Claim: Fine dining restaurants located in Ohio, Pennsylvania, Michigan, Indiana

and Florida forced to close their locations due to COVID-19 and

governmental closure orders. Prospective denial.

Coverage: Civil authority; Business interruption; No virus exclusion

Suspension: Plaintiff’s Ohio restaurants have been closed since March 15, 2020 in

compliance with Governor DeWine’s orders. Plaintiff’s Pennsylvania

restaurant has been closed since March 16, 2020 to comply with the Disaster

Declaration Order. Plaintiff’s Florida restaurants have been closed since

March 20, 2020 to comply with the Governor’s executive order. Plaintiff’s

Michigan restaurants have been closed since March 16, 2020 to comply

with the Michigan Order, and Plaintiff’s Indiana restaurant has been closed

since March 16, 2020 to comply with the Indiana order.

Relief: DJ; Breach of Contract; Bad faith

Case Name: Ryan M. Fox, DDS v. Travelers Casualty Insurance Company of America





Claim: Dentistry practice forced to stop providing dentistry service due to COVID-

19 and state-ordered mandated closure. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Extended business

income; No virus exclusion


which closed non-essential businesses, including Plaintiff’s.


Case Name: Mark Germack DDC v. The Dentists Insurance Company (National Class

Action)




Claim: Dentistry practice forced to stop providing dentistry service, except for on

an emergency basis due to COVID-19 and state-ordered mandated closure.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Extended



which closed non-essential businesses, including Plaintiff’s.


Case Name: Grand Cru, LLC d/b/a Restaurant Nicholas v. Liberty Mutual Insurance

Company; Liberty Mutual Mid-Atlantic Insurance Company; and Ohio

Security Insurance Company

Venue: Superior Court of New Jersey Law Division – Monmouth County

Pltf Atty: Maggs McGermott & DiCicco, LLC (Wall, New Jersey)

Claim: Restaurant suffered loss of business as a result of civil authority to address

the Coronavirus global pandemic. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Virus exclusion is present,

but Plaintiff alleges that it is of no force and effect because it violates New

Jersey public policy (¶21).

Suspension: New Jersey Governor Phil Murphy issued Executive Order No. 107 which

banned restaurants from serving patrons on site, but permitted food delivery

and take out, as of March 21, 2020.

Relief: DJ;

Case Name: Karla Aylen, DDS PLLC v. Aspen American Insurance Company (National

Class Action)




Claim: Dentistry practice forced to stop providing dentistry service due to COVID-


Coverage: Civil authority; Extended Practice Income; Extra Expense; Building;

Blanket Dental Practice Personal Property and Income; No virus exclusion

Suspension: On March 19, 2020, Governor Inslee issued a Proclamation which

prohibited all non-emergency dental procedures.


Case Name: Glow Medispa, LLC v. Sentinel Insurance Company, Limited (National

Class Action)




Claim: Medical Spa business has been interrupted and suspended due to COVID-




Suspension: On March 23, 2020, Washington Governor Jay Inslee issued a stay home,

stay healthy order which closed non-essential businesses, including

Plaintiff’s.


Case Name: Carlos O. Caballero DDS, MS, PS, d/b/a Master Orthodontics v.

Massachusetts Bay Insurance Company (National Class Action)




Claim: Orthodontic practice forced to suspend and limit services as a result of

orders put in place by the Governor. Plaintiff is only permitted to preform

urgent and emergency procedures. Prospective denial.



Suspension: On March 19, 2020, Governor Inslee issued Proclamation 20-24 which

placed restrictions on Non-Urgent medical procedures, such as elective

orthodontic work.


Case Name: Biltrite Furniture, Inc. v. Liberty Mutual Insurance Company (National

Class Action)

Venue: USDC, Eastern District of Wisconsin

Pltf Atty: Ademi & O’Reilly, LLP (Cudahy, Wisconsin)






Claim: Retail furniture and mattress store forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Lost business income; Extra expense; Virus and

bacteria endorsement, which Plaintiff claims does not apply because their

losses were not “caused by a virus, bacterium or other microorganism . . .

but rather were caused by precautionary measures . . . to prevent the spread

of COVID-19 in the future, not because coronavirus was found in or on

Plaintiff’s insured property” (¶32).

Suspension: On March 24, 2020, Governor Evers issued an Emergency Order which

outlined the need to stay at home, and close non-essential businesses.


Case Name: Magna Legal Services, LLC v. Hartford Fire Insurance Company,

Nottingham Agency, Inc., and Jonathon M. Crook

Venue: Court of Common Pleas, Philadelphia County

Pltf Atty: Cohen, Placitella & Roth, P.C. (Philadelphia, Pennsylvania)

Claim: Legal services company with operations across the United States required

to cease all business operation due to closure orders in all states where

Plaintiff’s customers are located. Plaintiff’s business relies heavily on the

operation of law firms, corporations, and governmental agencies. Their

business has been interrupted by civil orders and court closure orders.

Prospective denial.

Coverage: All risk; Business income; Civil authority; Expense; Limited virus coverage

Suspension: On March 19, 2020, Pennsylvania Governor Wolf issued an Order requiring

the closure of physical locations for all non-life sustaining businesses. On

March 20, 2020, Governor J.B. Pritzker of Illinois issued a closure order of

all non-essential businesses. On April 1, 2020, Florida Governor DeSantis

issued Executive Order 20-91 directing that all Florida residents limit their

movements to essential services and activities. On March 20, 2020, New

York Governor Andrew Cuomo signed the New York On Pause executive

order which required the closure of all non-essential businesses.


Case Name: Starjem Restaurant Corp d/b/a Fresco v. Liberty Mutual Insurance (National

Class Action)


Pltf Atty: Seeger Weiss LLP (New York, New York)


Carella, Byrne, Cecchi Olstein, Brody & Agnello (Roseland, New Jersey)


Claim: Restaurant and catering service forced to close due to COVID-19.

Prospective denial.


expense; Virus exclusion

Suspension: Stay-at-home orders closing non-essential businesses.


Case Name: Slate Hill Daycare Center Inc., v. Utica National Insurance Corp. (National

Class Action)


Pltf Atty: Levin Sedran & Berman LLP (Philadelphia, Pennsylvania)




Alabama)

Claim: Daycare center suffered business loss due to Civil Authority orders

requiring the closure of non-essential businesses due to COVID-19.

Plaintiff continues to “provide a de-minimis number of customers who work

in essential employment during the pandemic” (¶2). Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Business income; Virus

exclusion


home order which closed all non-essential businesses.

Relief: DJ;

Case Name: Khuzi Hsue, DDC, PS v. Travelers Casualty Insurance Company of

America (National Class Action)


Pltf Atty: Keller Rohrback L.L.P (Seattle, Washington)

Keller Rohrback L.L.P (Santa Barbara, California)

Claim: Dentistry practice unable to provide dentistry services, with the exception

of urgent and emergency procedures due to state mandated closure as a

result of COVID-19. Prospective denial.

Coverage: Civil authority; Property coverage; Business income; Extra expense; No

Virus exclusion

Suspension: Washington Governor Jay Inslee issued stay at home orders which required

the closure of all non-essential businesses. Plaintiff is unable to use the

premises of the business as intended.


Case Name: GV KB Store LLC d/b/a Stefano Versace Gelato, and GV Siestakey LLC

d/b/a Stefano Versace Gelato v. Scottsdale Insurance Company (National

Class Action)




Kanner & Whiteley, LLC (New Orleans, Louisiana)

Claim: Restaurants that serve ice cream and related food and beverages forced to

severely slow operations to take out and delivery only as a result of closure

orders due to COVID-19. Plaintiffs allege that the closure due to COVID-

19 is a national emergency and should trigger their business income loss

and extra expense coverages. Prospective denial.

Coverage: All risk; Civil authority; Business income; Business interruption; Extra

expense; No Virus exclusion

Suspension: On March 17, 2020, Florida Governor Ron DeSantis ordered the closure of

restaurants for in person service, which was followed up by a closure of all

non-essential businesses.


Case Name: Jeffrey E. Kashner, DDS, MSD v. Travelers Indemnity Company of

America (National Class Action)


Pltf Atty: Keller Rohrback, L.L.P. (Seattle, Washington)

Keller Rohrback, L.L.P. (Santa Barbara, Californai)

Claim: Dentistry practice forced to close for all dentistry services, except for

emergency and urgent procedures due to COVID-19 and state-ordered

mandated closure. Plaintiff’s property has suffered and will continue to

suffer direct physical loss due to COVID-19. Prospective denial.


income; No Virus exclusion

Suspension: In response to the pandemic, Washington Governor Jay Inslee issued a

“Stay Home, Stay Healthy” order which required the closure of all non-

essential businesses.


Case Name: Lina Kim, DDS, P.S. v. Sentinel Insurance Company, Limited (National

Class Action)




Claim: Dental business forced to cease all non-emergency and non-urgent

procedures due to COVID-19 and state-ordered mandated closure.

Prospective denial.

Coverage: Civil authority; Business income coverage; Extra expense coverage;

Extended business income; No Virus exclusion

Suspension: Washington Governor Jay Inslee orders forcing the closure of non-essential

businesses, including Plaintiff’s business.


Case Name: Andrew Lee, DDS v, Sentinel Insurance Company, Limited (National Class

Action)




Claim: Dental business forced to cease all dental procedures, except for urgent and

emergency care, as a result of COVID-19. Prospective denial.

Coverage: Civil authority; Business income coverage; Extra expense coverage;

Extended business income; No Virus exclusion

Suspension: Washington Governor Jay Inslee issued the “Stay Home, Stay Healthy”



Case Name: Pacific Endodontics, P.S. v. The Ohio Casualty Insurance Company





Claim: Dentistry Endodontics business forced to close as a result of COVID-19.

Plaintiff is only permitted to provide services and use the premises as

intended for urgent and emergency level matters. Prospective denial.

Coverage: Civil authority; Business income; Extended business income; Extra





Case Name: Nue LLC d/b/a Nue Seattle v. Oregon Mutual Insurance Company





Claim: Dine-in restaurant specializing in global street food and creative cocktails

forced to reduce business dramatically due to COVID-19 and state-ordered

mandated closure and reduction in business practice. Prospective denial.



Suspension: On March 16, 2020, Washington Governor Inslee issued Proclamation 20-

13 which placed limits on the number of people that could gather for food

and beverage service. Over the following days, additional orders were put

into place, and Plaintiff was only able to utilize their restaurant for delivery

and carry-out.


Case Name: Wade K. Marler, DDS v. Aspen American Insurance Company (National

Class Action)




Claim: Family dentistry practice forced to close due to COVID-19 and state-

ordered mandated closure. Prospective denial.

Coverage: All risk; Civil authority; Building; Blanket Dental Practice Personal

Property and Income; No Virus exclusion


order which required the closure of all non-essential businesses. Plaintiff

was only able to perform emergency and urgent procedures.


Case Name: Arnell Prato, DDS, PLLC v. Sentinel Insurance Company, Limited





Claim: Dental business forced to cease all dental procedures, except for urgent and

emergency care, as a result of COVID-19 and state-mandated closure.

Prospective denial.


income; No Virus exclusion




Case Name: Taste of Belgium LLC v. The Cincinnati Insurance Company, The

Cincinnati Casualty Company, The Cincinnati Indemnity Company, and

Cincinnati Financial Corporation (National Class Action)

Venue: USDC, Southern District of Ohio – Western Division

Pltf Atty: Minnillo & Jenkins Co., LPA (Cincinnati, Ohio)

Goldenberg Schneider, LPA (Cincinnati, Ohio)

Claim: Chain of local restaurants forced to limit services due to COVID-19.

Plaintiff offered limited carry out and delivery services at certain locations,

but other remain fully closed. Prospective denial.



Suspension: On March 15, 2020, Dr. Amy Acton, the Director of Ohio’s DOH issued an

order which limited food service to carry-out and delivery only. On March

22, 2020, Governor DeWine announced a Stay at Home order which

required the closure of non-essential businesses.


Case Name: Troy Stacy Enterprises Inc., v. The Cincinnati Insurance Company


Venue: USDC, Southern District of Ohio

Pltf Atty: Dicello Levitt Gutzler LLC (Mentor, Ohio)





Claim: Craft beer pub, vinyl record shop and live music venue forced to suspend

business operations due to COVID-19 and civil authority closure orders in

Ohio. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Sue and labor;

No Virus exclusion

Suspension: On March 15, 2020, the State of Ohio issued a civil authority requiring the

closure of bars and banning dine-in eating. On March 22, 2020, the State of

Ohio issued a closure of non-essential businesses.


Case Name: London Bridge Resort, LLC v. Illinois Union Insurance Company, Inc.

Venue: USDC, District of Arizona

Pltf Atty: Matt Anderson Law, PLLC (Phoenix, Arizona)

Claim: Destination resort geared toward elderly guests suffered a business loss due

to the current Pandemic. Guests of the resort have either cancelled prior

reservations or elected not to travel to the resort. Prospective denial.

Coverage: Premises Pollution Liability Insurance; Pollution condition; Business

interruption as it pertains to “certain acts of civil authority arising out of a

pollution condition, which the Policy identifies as “government action” and

“environmental law” (¶13); No virus exclusion.

Suspension: On March 30, 2020, Governor Ducey issued Executive Order 2020-18

which mandated the “Stay home, stay healthy, stay connected” policy (¶21).

Since the executive orders were put into place, occupancy rates at Plaintiff’s

business are down 80-90%.


Case Name: Southern Dental Birmingham LLC v. The Cincinnati Insurance Company

Venue: USDC, Northern District of Alabama

Pltf Atty: Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery,

Alabama)


Levin Sedran & Bermanm, L.L.P. (Philadelphia, Pennsylvania)

Claim: Dental clinic offering cosmetic, restorative, general and family dentistry

whose primary business comes from elective dental procedures forced to

reduce business to emergency and urgent procedures only, due to COVID-

19. Prospective denial.

Coverage: All risk; Civil authority; Specialty property; Business income; Extra

expense; Contamination; No virus or communicable disease exclusion.

Suspension: On March 19, 2020, the Alabama State Health Officer issued a civil

authority order which required all elective dental procedures to be delayed,

which caused a suspension in Plaintiff’s business. On April 3, 2020, the

Alabama State Health Officer issued a civil authority stay-at-home order

which requires the closure of all non-essential business.

Relief: DJ;

Case Name: Hillcrest Optical, Inc., v. Continental Casualty Company (National Class

Action)

Venue: USDC, Southern District of Alabama

Pltf Atty: Taylor Martino (Mobile, Alabama)

Claim: Optometrist’s office closed in compliance with Government shutdown

orders. The office was closed from March 28 until April 30. Prospective

denial.

Coverage: All risk; Businessowners Special Property; Business income; Extra

expense; No virus exclusion. “Hillcrest’s policy has an endorsement

excluding loss or damage caused directly or indirectly by . . . fungi, wet or

dry rot, or microbes” (¶23), which does not apply in this case due to a lack

of evidence that the novel coronavirus was ever present on the premises.

Suspension: On March 28, 2020, Dr. Scott Harris, the Alabama State Health Officer

entered a Statewide Order which postponed all medical procedures until

further notice, with the exception of treatment for emergency issues. On

April 30, 2020, Dr. Harris entered an order allowing the resumption of all

medical procedures.


Case Name: Homestate Seafood LLC d/b/a Automatic Seafood & Oysters v. The

Cincinnati Insurance Company (National Class Action)

Venue: USDC, Northern District of Alabama

Pltf Atty: Whatley Kallas, LLP (Birmingham, Alabama)

Wiggins Childs Pantazis Fisher & Goldfarb (Birmingham, Alabama)

Claim: Restaurant with widespread notoriety forced to suspend operations due to

COVID-19. Plaintiff is operating on a limited take out basis. Plaintiff had

to discard food purchased prior to the Civil Authority Actions as it

became spoiled. Additionally, Plaintiff notes that Defendant

Cincinnati’s website claims “We know it’s important to keep our

business running, ready to serve you and fulfill the promises we’ve

made to you” (¶51). Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Extra expense; Property; No

virus exclusion.

Suspension: On March 27, 2020, the State Health Officer of Alabama issued an order

requiring all restaurants to close except for curbside or take-out orders.


Case Name: Johnston Jewelers, Inc. v. Jewelers Mutual Insurance Company, S.I.

Venue: Judicial Court - Circuit Civil Division – Pinellas County, Florida

Pltf Atty: Christopher Ligori & Associates (Tampa, Florida)

Claim: Jewelry store forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Virus exclusion;

Biological hazard exclusion

Suspension: On March 25, 2020, the Pinellas County Board of Commissioners issued a

Civil Authority order closing non-essential business, such as Plaintiffs.


Case Name: Bauer Family Enterprises, Inc. v. Ohio Security Insurance Company

Venue: USDC – Middle District of Florida – Jacksonville Division

Pltf Atty: Black Rock Trial Lawyers (Tampa, Florida)

Claim: Men’s barbershop franchisee forced to close due to government regulations

resulting from the spread of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; No Virus

exclusion;

Suspension: On April 1, 2020, Governor Ron Desantis issued Executive Order 20-91

which closed all non-essential businesses, including Plaintiffs.

Relief: DJ;

Case Name: 4-UP CORP d/b/a Miami Lakes Perfumes v. Westchester Surplus Lines

Insurance Company, d/b/a CHUBB

Venue: USDC – Southern District of Florida – Miami-Dade Division


Claim: Perfume store closed on or about March 19, 2020 in compliance with

governmental orders due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 19, 2020, Miami Dade County Mayor issued Emergency order

07-20 which closed all non-essential retail and commercial establishments.

Relief: DJ;

Case Name: Royal Palm Optical, Inc., v. State Farm Mutual Automobile Insurance

Company and State Farm Florida Insurance Company (National Class

Action)

Venue: USDC – Southern District of Florida

Pltf Atty: Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. (Miami, Florida)

Carella, Byrne, Cecchi, Olstein, Brody & Agenllo, P.C. (Roseland, New

Jersey)

Kessler Topaz Meltzer & Check, LLP (Radnor, Pennsylvania)

Claim: Prescription eyewear and sunglasses provider forced to cease normal

operations and the ability to generate revenue due to closure orders enacted

in Florida. Plaintiff is operating on an emergency basis, resulting in

significant loss of business. Plaintiff’s claim is as a result of the stay-at-

home order, not as a result of the presence of SARS-CoV-2 on its premises

(¶41). Prospective denial.

Coverage: All risk; Civil authority; Loss of income; Extra expense; Fungi, Virus or

Bacteria exclusion

Suspension: On March 26, 2020, Palm Beach County ordered the closure of all

noncritical retail and commercial business locations. This order was

followed by the April 1, 2020 order of the Governor of Florida that all

residents remain home except for when they need to participate in essential

activities.


Case Name: Laser Spa of Rochester, LLC doing business as Spitale Laser Spa Salon v.

Erie Insurance Company

Venue: USDC – Western District of New York

Pltf Atty: Richmond Vona, LLC (Buffalo, New York)




Alabama)

Claim: Salon forced to close and lay off 14 employees due to governmental orders

implemented as a result of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Income protection; Extra

expense; No virus exclusion

Suspension: On March 19, 2020, New York Governor Cuomo ordered all salons to close

as of March 21, 2020. On March 20, 2020, New York issued a stay-at-home

order which closed all non-essential business.


Case Name: Ital Uomo of New York, Inc. v. Starr Indemnity & Liability Company and

Starr International Company, Inc., (National Class Action)

Venue: USDC – Eastern District of New York

Pltf Atty: Robbins Geller Rudman & Dowd LLP (Melville, New York)

Robbins Geller Rudman & Dowd LLP (San Diego, California)_





Claim: Apparel, clothing and travel accessory business with three locations in New

York and New Jersey forced to close as a result of governmental orders

issued in both States. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Loss of business income;

Extra expense; No virus exclusion

Suspension: Plaintiff’s locations forced to close as a result of Civil Authority orders

requiring the closure of non-essential business.


Case Name: Brain Freeze Beverage, LLC v. The Hartford Financial Services Group, Inc.

d/b/a The Hartford Insurance Group and Sentinel Insurance Company,

LTD.


Pltf Atty: Levitt LLP (Mineola, New York)

Claim: Plaintiff is a food service supplier of drink dispensing machines, frozen

beverage mix and other supplies to seasonal (beach, summer) business

customers in the New York City and Long Island area. Roughly 90% of

Plaintiff’s sales occur during the mid-spring and summer months. (¶10).

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extended business income; Extra

expense; Equipment breakdown; No virus exclusion

Suspension: On March 20, 2020, New York Governor Cuomo issued Executive Order

No. 202.8 which required 100% of the nonessential workforce to stay home.


Case Name: Richard Kahn and Aark Enterprise LLC d/b/a Mauldin’s v. Pennsylvania

National Mutual Casualty Insurance Company (National Class Action)

Venue: USDC – Middle District of Pennsylvania

Pltf Atty: Chimicles Schwartz Kriner & Donaldson-Smith LLP (Haverford,

Pennsylvania)

Ahdoot & Wolfson, PC (Los Angeles, California)

Claim: Restaurant suffered extensive loss of business profits due to COVID-19 shut

down orders. Plaintiff’s business is an in-person style, take out and curbside

are not an option. It is likely that Plaintiff will not be able to operate the

restaurant ever again (¶29). Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Virus exclusion.

“In a recent decision, the Pennsylvania Supreme Court reached the

opposite conclusion, finding that the COVID-19 pandemic constituted

a natural disaster causing direct property damage to all businesses

impacted” (¶5).

Suspension: On April 6, 2020, Governor McMaster issued a statewide “home or work

order” which limited residents to only preform essential activities.

Relief: DJ; Breach of Contract; Breach of Duty of Good Faith and fair dealing;

Unjust enrichment

Case Name: Medure’s Catering Inc., v. Donegal Mutual Insurance Company and

Donegal Insurance Group

Venue: Court of Common Pleas – Philadelphia County





Alabama)

Medure Bonner Bellissimo, LLC (New Castle, Pennsylvania)

Claim: Catering business with both in house and off-site options forced to suspend

operations as a result of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Property; Extra expense;

Contamination; Virus exclusion;

Suspension: On March 19, 2020, Governor Wolf issued an order requiring all non-

essential business to shut down. “On May 8, 2020, Governor Wolf allowed

non-essential business to open in Lawrence County, however these

businesses are limited to servicing only 25 guests. Further, many counties

Plaintiff services are still under a stay at home order and Plaintiff is unable

to service any events there” (¶22).

Relief: DJ;

Case Name: Crossroads Investments, LLC v. Philadelphia Indemnity Insurance


Venue: USDC – Eastern District of Pennsylvania

Pltf Atty: Carlson Lynch LLP (Pittsburgh, Pennsylvania)

Freed Kanner London & Millen LLC (Conshohocken, Pennsylvania)

Claim: Daycare center forced to temporarily close due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Elite property enhancement; Business income;

Extra expense; Virus exclusion

Suspension: On March 19, 2020, the Governor of Pennsylvania issued an Executive

Order which closed all non-essential businesses.


Case Name: Fire Island Retreat v. Brit Global Specialty USA, Inc., and Lloyd’s of

London (National class action)


Pltf Atty: NastLaw LLC (Philadelphia, Pennsylvania)

Roberts Law Firm, P.A. (Little Rock, Arkansas)

Claim: Bed and breakfast forced to suspend operations as a result of COVID-19.

Plaintiff has not been able to rent rooms to patrons since March 20, 2020.

Additionally, many events and future reservations have been cancelled.

Prospective denial.



home order for all non-essential workers.


Case Name: Real Hospitality, LLC d/b/a Eds Burger Joint v. Travelers Casualty

Insurance Company of America (National Class Action)

Venue: USDC – Southern District of Mississippi – Hattiesburg Division

Pltf Atty: Barrett Law Group, P.A. (Lexington, Mississippi)

Claim: Restaurant forced to suspend its business operations, furlough employees

and close its location as a result of COVID-19 and governmental orders.

Prospective denial.


exclusion

Suspension: On March 24, 2020, Governor Tate Reeves issued Executive Order 1463

which restricted restaurant operations by suspending all dine-in options.


Case Name: Retina Specialists of Ohio, LLC v. Selective Insurance Company of

America


Pltf Atty: Novak, LLP (Cleveland, Ohio)

Sammon Law, LLC (Medina, Ohio)

Claim: Optometry offices forced to close and permanently lay off employees due

to the State’s efforts to slow the spread of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; Property; No

virus exclusion

Suspension: On March 22, 2020, Governor DeWine issued stay-at-home orders which

came after orders to suspend non-essential surgeries and procedures in the

State, earlier in the week.

Relief: DJ; Breach of Contract; Breach of duty of Good Faith and Fair Dealing;

Case Name: Saucy Brew Works, LLC v. The Cincinnati Insurance Company (National

class action)

Venue: Court of Common Pleas – Cuyahoga County - Ohio

Pltf Atty: Connick Law, LLC (Beachwood, Ohio)

Claim: Bar/Restaurant forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Business

personal property; No virus exclusion

Suspension: On March 23, 2020, Ohio Civil Authority ordered residents to stay home

and required the closure of all non-essential businesses.


Case Name: Rinnigade Art Works v. The Hartford Financial Services Group, Inc.,

Hartford Fire Insurance Company, and Twin City Fire Insurance Company

(National class action)

Venue: USDC – District of Massachusetts

Pltf Atty: Whatley Kallas, LLP (Boston, Massachusetts)

Frisoli Associates, P.C. (Cambridge, Massachusetts)

Claim: Graphic designer and screen-printing business forced to greatly reduce

operations due to the novel Coronavirus. Prospective denial.


exclusion

Suspension: On March 23, 2020, Governor Baker issued COVID-19 Order No. 13 which

required the closure of non-essential businesses, such as Plaintiffs.


Case Name: Robert A. Levy, D.M.D., LLC v. Hartford Casualty Insurance Company


Venue: USDC – Eastern District of Missouri

Pltf Atty: Law Office of Richard S. Cornfeld, LLC (St. Louis, Missouri)

The Bruning Law Firm, LLC (St. Louis, Missouri)


Claim: Dental practice shut down in compliance with Governmental orders. Since

the closure, Plaintiff has seen a handful of patients for urgent procedures.

Prospective denial.

Coverage: All risk; Business income; Extra expense; Business interruption; Virus

exclusion is present, but the policy states that “there is no coverage

because a virus cannot cause physical loss or damage to property” (¶9).

Plaintiff feels this is a reach, because “if viruses could not cause

property loss or damage, there would have been no reason to exclude

them from the policy because they wouldn’t have been covered to begin

with” (¶9).

Suspension: “On March 23, 2020, the Centers for Disease Control (“CDC”) and

American Dental Association (“ADA”) recommended to all dentists in the

Untied States that elective, or non-urgent dental procedures be postponed to

help reduce the risk of spreading COVID-19” (¶4).

Relief: DJ; Breach of Contract; Breach of the Implied Covenant of Good Faith and

Fair Dealing;

Case Name: Rose’s 1, LLC d/b/a Rose’s Luxury; Elaine’s One, LLC d/b/a Pineapple and

Pearls, Danny Boy LLC d/b/a Little Pearl, Buttercream Bakeshop LLC,

Gravitas NW LLC d/b/a Gravitas, Karma Healthy Foods L.L.C. d/b/a

Karma Modern Indian, Purple Patch LLC, 3313 11th Hospitality LLC d/b/a

EL Chucho, 1825 18th Hospitality LLC d/b/a Bar Charley, SRG Waterfront

LLC d/b/a La Vie, Jadi Goose LLC d/b/a Queen’s English and ANB 623

LLC d/b/a Beuchert’s Saloon v. Erie Insurance Exchange

Venue: Superior Court of the District of Columbia – Civil Division

Pltf Atty: Venable LLP (Washington, D.C.)

Claim: Fine dining restaurants forced to close their table service and suffered direct

physical loss due to COVID-19. Some of Plaintiff’s restaurants are

operating using delivery and carry-out services as permitted. Prospective

denial.

Coverage: All risk; Property coverage; Extra expense; Business income; No Virus

exclusion

Suspension: On March 16, 2020, Mayor Bowser issued an order prohibiting “table

seating” at restaurants, followed by an order closing all non-essential

businesses on March 24, 2020.

Relief: DJ; Plaintiff seeks summary judgment and requests a speedy hearing.

Plaintiff is not requesting a specific payment amount at this time, but rather

is seeking to determine coverage. (¶9-10).

Case Name: Suneet S. Bath, DMD PS v. Travelers Casualty Insurance Company of

America

Venue: Superior Court of Washington – Thurston County


Gordon Tilden Thomas & Cordell

Claim: Dentistry practice suffered loss due to COVID-19 and Governmental orders

in place. Prospective denial.

Coverage: Civil authority; Extra expense; Direct physical loss; No virus exclusion

Suspension: Washington Governor Jay Inslee issued proclamations forcing the closure

of Plaintiff’s business as a result of public health concerns.

Relief: DJ;

Case Name: The Opal Lounge Hair and Nail Boutique v. West Bend Mutual Insurance

Company

Venue: Court of Common Pleas – Summit County, Ohio

Pltf Atty: Novak, LLP (Cleveland, Ohio)

Colin P. Sammon (Medina, Ohio)

Claim: Hair and nail salon forced to cease operations due to orders by the State of

Ohio. Prospective denial.

Coverage: All risk; Business income; Extra expense; Communicable Disease

Business Income and Extra Expense Coverage “which covers Plaintiff

as a result of being temporarily shut down or suspended by state board

of health due to an outbreak of a communicable disease at the insured

premises” (¶28). No pandemic exclusion; No virus exclusion

Suspension: On March 20, 2020, Governor DeWine and Dr. Action ordered the closure

of all salons.

Relief: DJ; Breach of Contract; Breach of the duty of Good Faith;

Case Name: Sero, Inc. d/b/a Beast v. Berkley North Pacific Group LLC, Berkley

Insurance Company, W.R. Berkley Corporation, Centinental Western

Insurance Company (National class action)

Venue: USDC – District of Oregon – Portland Division



Stoll Stoll Berne Lokting & Shlachter P.C. (Portland, Oregon)

Claim: Communal tasting style restaurant forced to shut down as a result of

governmental orders surrounding COVID-19. Prospective denial. “On

March 23, 2020 Defendant sent Beast a letter in connection with the

renewal of its policy. This letter indicated that CL PN 51 02 06 20 was

being added to the policy upon renewal. …. Is entitled “exclusion of loss

due to virus or bacteria” and contains language indicating that form

CP 01 40 will be attached to the policy upon renewal” (¶87).

Coverage: All risk; Civil authority; Business interruption; No virus exclusion

Suspension: On March 15, 2020, Plaintiff closed its doors in anticipation of

governmental order to do same. On March 17, 2020, Governor Brown

issued Executive Order 20-07 which prohibited restaurants from offering

on-premise consumption.

Relief: DJ; Breach of Contract; Breach of Covenant of Good Faith and Fair

Dealing; Unlawful trade

Case Name: The Colby Restaurant Group, Inc., BBR Lauderdale, LLC d/b/a TA Walk

On’s Bistreaux and SRG Southcenter, LLC d/b/a Twin Peaks v. Utica

National Insurance Group, Republic-Franklin Insurance Company,

Amguard Insurance Company, and Berkshire Hathaway Guart (National

class action)

Venue: USDC – District of New Jersey





Claim: Food service businesses Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Extra expense; No virus

exclusion

Suspension: Governmental stay-at-home orders forcing the closure of Plaintiff’s and

similar businesses across states.


Case Name: Twelve Twelve Nashville, LLC d/b/a Pemrose v. The Cincinnati Insurance

Company, The Cincinnati Casualty Company and The Cincinnati

Indemnity Company

Venue: USDC – Middle District of Tennessee Nashville Division

Pltf Atty: Frazer PLC (Nashville, Tennessee)

Claim: Restaurant forced to stop its usual operations and lay off almost all its

employees due to the COVID-19 outbreak. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; Business

interruption; No virus exclusion

Suspension: On March 22. 2020, Tennessee Governor Bill Lee issued Executive Order

No. 17 which prohibited onsite consumption at food and drink

establishments.


Case Name: Valerio’s, Inc. v. Erie Insurance Exchange


Pltf Atty: Nurenberg, Paris, Heller & McCarthy Co., L.P.A. (Cleveland, Ohio)

Claim: Restaurant forced to limit operations to take-out only due to COVID-19.

Prospective denial.

Coverage: Civil authority; Income protection; Extra expense; No virus exclusion

Suspension: On March 15, 2020, Dr. Action issued an order restricting all food and

beverage sales to carry out and delivery only.


Case Name: Upmerch, LLC, v. Continental Casualty Company (National Class Action)

Venue: Circuit Court of Cook County – Illinois County Department – Chancery

Division



Rutter & Russin, LLC (Cleveland, Illinois)

Claim: Retailer forced to shut down due to the COVID-19 pandemic. Prospective

denial.


Suspension: On March 20, 2020, Governor Pritzker issued a stay-at-home order for all

persons who are not essential workers or venturing out for an essential

reason.

Relief: DJ;

Case Name: Ultimate Hearing Solutions II, LLC, Ultimate Hearing Solutions III, LLC,

Ultimate Hearing Solutions IV, LLC, Ultimate Hearing Solutions V, LLC,

Ultimate Hearing Solutions VI, LLC, Clear Hearing Solutions II, LLC,

Clear Hearing Solutions III, LLC and Clear Hearing Solutions IV, LLC v.

Hartford Underwriters Insurance Company, The Hartford Financial

Services Group, Inc., d/b/a The Hartford, Twin Cities Fire Insurance

Company, Continental Casualty Company, and CAN Financial Corporation



Pltf Atty: Sherman, Silverstein, Kohl, Rose & Podolsky, P.A. (Morristown, New

Jersey)

Claim: Hearing Aid stores providing hearing tests, hearing aids, and after-care

Prospective denial.

Coverage: All risk; Civil authority; Business personal property; Business income;

Extra expense; Virus endorsement

Suspension: Governmental closure of non-essential business orders by Pennsylvania

Governor Wolf, and other Governors in locations where Plaintiff’s

businesses are located.


Case Name: Victor Deoleo v. United States Liability Insurance Company (National class

action)



Pennsylvania)

Ahdoot & Woldfon, PC (Los Angeles, California)

Claim: Beauty salon forced to close due to COVID-19. The nature of Plaintiff’s

business is all in person, so the salon has been shut down since March, and

remains closed. Prospective denial.


Suspension: On March 19, 2020, Governor Phil Murphy of New Jersey ordered the

closure of all personal care businesses, including Plaintiff’s.

Relief: DJ; Breach of Contract; Breach of Duty of Good Faith and Fair Dealing;

Unjust Enrichment

Case Name: Bulldog Yoga Holdings LLC, v. Cincinnati Insurance Company (National

class action)


Pltf Atty: Kaufman Coren & Ress P.C. (Philadelphia, Pennsylvania)

Fleischman Bonner & Rocco LLP (White Plains, New York)

Claim: Yoga studios forced to close due to governmental orders issued as a result

of COVID-19. Prospective denial.

Coverage: Civil authority; Commercial automobile; Commercial umbrella; Data

defender; Network defender, Crime and Fidelity; Fitness professional;

Business income; Extra expenses; Crisis event expense (which does not

cover loss directed to any pandemic . . . (¶12). Virus exclusion

Suspension: On March 19, 2020, Governor Wolf required the closure of all non-life-

sustaining businesses to close their physical locations.


Case Name: Whiskey River on Vintage, Inc., d/b/a Whiskey River on Vintage, Whiskey

on Main, Inc., d/b/a Whiskey River, Founders on Main, Inc., d/b/a Founders

Irish Pub v. Illinois Casualty Company (National class action)

Venue: Iowa District Court – Polk County

Pltf Atty: Carney & Appleby, P.L.C. (Des Moines, Iowa)

Claim: Bar/Restaurant forced to limit business due to governmental closure orders

as a result of the COVID-19 pandemic. Plaintiff has been forced to

terminate 90 employees and will continue to lose business even as

restrictions are loosened up. Prospective denial.

Coverage: Civil authority; Business interruption; Virus exclusion

Suspension: On March 17, 2020, Governor Kim Reynolds issued an order requiring the

closure of bars and restaurants in Iowa.


Case Name: Derek Scott Williams PLLC and Derek Scott Williams Real Estate LLC v.

The Cincinnati Insurance Company (National class action)

Venue: USDC – Northern District of Illinois – Eastern Division

Pltf Atty: Nussbaum Law Group, P.C. (New York, New York)

Criden & Love, P.A. (South Miami, Florida)

Claim: Dental practice forced to close on March 22, 2020 as a result of

governmental orders due to COVID-19. Plaintiff was able to reopen for

normal business operations on May 4, 2020. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Extra expense; No Virus

exclusion

Suspension: On March 22, 2020, Texas Governor Greg Abbott issued an order which

postponed all elective and non-emergency medical and dental procedures.


Case Name: Roy H. Johnson, DDS, and Windy Hill Dentistry, LLC v. The Hartford

Financial Services Group, Inc., Hartford Fire Insurance Company, Twin

City Fire Insurance Company, Hartford Accident and Indemnity Company,

Hartford Casualty Insurance Company, Hartford Insurance Company of the

Southeast, Hartford Underwriters Insurance Company, Hartford Insurance

Company of the Midwest, Hartford Insurance Company of Illinois, Sentinel

Insurance Company, LTD., Property and Casualty Insurance Company of

Hartford and John Doe Corporations 1-100 (National class action)

Venue: USDC – Northern District of Georgia – Atlanta Division

Pltf Atty: Barnes Law Group, LLC (Marietta, Georgia)

Claim: Dentist forced to suspend and reduce its operation, with the exception of

emergency and urgent procedures, as a result of closure orders due to



exclusion

Suspension: On March 14, 2020, Georgia Governor Brian Kemp declared a Public

Health State of Emergency. This was followed by the April 2, 2020

Executive Ordre requiring residents to shelter in place. On March 18, 2020,

The Centers for Medicare and Medicaid Services released

recommendations to suspend elective and non-essential dental procedures.


Case Name: Woolworths Nashville, LLC d/b/a Woolworth on 5th v. The Cincinnati

Insurance Company, The Cincinnati Casualty Company, and The

Cincinnati Indemnity Company

Venue: USDC – Middle District of Tennessee – Nashville Division


Claim: Restaurant forced to curtail operations due to governmental orders

surrounding COVID-19. Prospective denial.


exclusion

Suspension: On March 20, 2020, the half capacity order of March 17, 2020 was amended

by Nashville authorities to prohibit restaurants from allowing on premise

consumption of food and beverages at their locations.


Case Name: Yiddle Mister Bill d/b/a Cynthia’s Ristorante v. The Cincinnati Insurance

Company, Steven J. Stack, MD, Commissioner of Public Health,

Department of Public Health, Cabinet for Health & Family Services, Eric

B. Friedlander, Secretary, Cabinet for Health & Family Services and Kerry

B. Harvey, Secretary, Public Protection Cabinet

Venue: Commonwealth of Kentucky – McCracken Circuit Court

Pltf Atty: Bryant Law Center (Paducah, Kentucky)

Strauss Troy (Cincinnati, Ohio)

Fayard & Honeycutt (Denham Springs, Louisiana)

Claim: Restaurant forced to cease all in-person dining as a result of COVID-19.

Prospective denial.

Coverage: Civil authority; Business income; No Virus exclusion

Suspension: A statewide order prohibiting in-person consumption of food and beverages

at restaurants.

Relief: DJ

Case Name: 632 Metacom Inc. d/b/a Hometown Tavern v. Certain Underwriters at

Lloyd’s London Subscribing to Policy No. XSZ146282 (National class

action)

Venue: USDC – Southern District of New York

Pltf Atty: Kaplan Gore LLP (New York, New York)





Claim: Restaurant and bar with live entertainment forced to greatly reduce service,

despite being an essential business, as a result of government issued orders

surrounding COVID-19. “Plaintiff … was completely shuttered from

March 17 through April 30, 2020, and reopened only for pickup and

delivery service, on a limited schedule, on May 1, 2020” (¶14). Prospective

denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Sue and Labor;

No Virus exclusion

Suspension: The State of Rhode Island issued Stay at Home orders on March 16, 2020,

together with orders requiring bars and restaurants to cease in-person

consumption of food and drink on their premises.


Case Name: Addiego Family Dental, LLC d/b/a Cedar Creek Dental v. Hartford

Financial Services Group, Inc. d/b/a The Hartford and Sentinel Insurance

Company, Ltd.


Pltf Atty: Anapol Weiss (Philadelphia, Pennsylvania)

Claim: Dental office closed on March 18, 2020 in compliance with Government

orders and suggestions, as a result of COVID-19. Plaintiff’s office remains

closed at the date of filing. Prospective denial.


Suspension: On March 21, 2020, New Jersey Governor Murphy issued a stay at home

order, coupled with advisory from the New Jersey Board of Dentistry to

cancel or postpone elective, non-essential and routine services.


Case Name: Addiego Orthodontics, LLC v. Hartford Financial Services Group, Inc.

d/b/a The Hartford and Hartford Insurance Company of the Midwest



Claim: Orthodontic practice closed on March 18, 2020 in compliance with orders

due to COVID-19. Plaintiff’s practice remains closed. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Virus exclusion

Suspension: On March 21, 2020, The New Jersey State Board of Dentistry issued an

advisory that dentists should cancel all non-essential services.


Case Name: Ambulatory Care Center, PA v. Sentinel Insurance Company, Limited


Pltf Atty: Golomb & Honik, P.C. (Philadelphia, Pennsylvania)



Alabama)

The Reiff Law Firm (Philadelphia, Pennsylvania)

Claim: Ambulatory care center performing about 75 surgeries per week forced to

greatly reduce operations due to COVID-19. They have laid off 10 of their

18 employees, and those who remain are working significantly reduced

hours. Prospective denial.

Coverage: All risk; Civil authority; Business personal property; Extra expense; No

Virus exclusion, Policy reads “We will pay for loss or damage by

“fungi”, wet rot, dry rot, bacteria and virus” (¶21).

Suspension: On March 23, 2020, elective medical and surgical procedures were

prohibited by civil order of Governor Phil Murphy.

Relief: DJ

Case Name: Chester C. Chianese DDS LLC v. Travelers Casualty Insurance Company

of America



Claim: Dental office closed on March 18, 2020, heeding civil authority orders.

Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Virus exclusion

Suspension: On March 21, 2020, Governor Murphy issued a “stay at home” order,

coupled with a directive from the New Jersey State Board of Dentistry

which advised that dentists should postpone any elective and non-essential

services. The following day, Governor Murphy ordered the suspension of

all said procedures.


Case Name: Cascadia Dental Specialists Inc., v. American Fire and Casualty Company


Venue: USDC – Western District of Washington at Seattle



Claim: Dental business forced to suspend all non-urgent and non-emergency

procedures due to COVID-19. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; No Virus exclusion


restricted non-urgent medical procedures.


Case Name: LD Gelato LLC v. Hartford Underwriters Insurance Company, Inc.


Pltf Atty: Law Office of Roosevelt N. Nesmith, LLC (Montclair, New Jersey)

Zimmerman Reed LLP (Minneapolis, Minnesota)

Pavich Law Group, PC (Chicago, Illinois)

Claim: Gelato company that distributes both non-kosher and kosher gelato in the

Tri-State area forced to close due to its status as a non-essential business.

Plaintiff suffered loss of business income and product spoilage. Prospective

denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Virus exclusion

Suspension: On March 21, 2020, Governor Phil Murphy issued Executive Order No. 107

which required the closure of all non-essential businesses.


Case Name: Pizza Loves Emily Holdings, LLC v. The Cincinnati Insurance Company,

The Cincinnati Casualty Company, and The Cincinnati Indemnity

Company



Claim: Restaurant owner forced by governmental orders in Tennessee, New York,

Pennsylvania and Washington D.C. to close its doors due to restrictions



exclusion

Suspension: On March 22, 2020, Tennessee Governor Bill Lee issued Executive Order

No. 17 which prohibited on site consumption of food or beverages at

restaurants and bars. On March 24, 2020, Mayor Muriel Bowser of D.C.

enacted a similar order, as did Tom Wolf of Pennsylvania and Andrew

Cuomo of New York.


Case Name: Peg Leg Porker Restaurant, LLC v. Society Insurance


Pltf Atty: McWherter Scott & Bobbitt PLC (Franklin, Tennessee)

McWherter Scott & Bobbitt PLC (Jackson, Tennessee)

Claim: Restaurant forced to close due to governmental authority put in place in an

effort to “flatten the curve” of COVID-19. Plaintiff claims that “On

March 11, 2020, an individual infected with the COVID-19 virus

entered the Insured Premises and occupied the dining room, kitchen,

bathroom and business offices of the Insured Premises . . . creating a

dangerous property condition therein” (¶23). Prospective denial.


exclusion

Suspension: On March 22, 2020, Governor Bill Lee issued Executive Order #17 which

prohibited the on-premise consumption of food and beverages at

restaurants.


Case Name: Pexe Nori, II LLC T/A Learning Express of Wexford v. Donegal Mutual

Insurance Company (National Class Action)

Venue: Court of Common Pleas – Allegheny County, Pennsylvania

Pltf Atty: Haggerty, Goldberg, Schleifer & Kupersmith, P.C. (Philadelphia,

Pennsylvania)

Schmit Kramer, P.C. (Harrisburg, Pennsylvania)

Jack Goodrich & Associates (Pittsburgh, Pennsylvania)

Kohn Swift (Philadelphia, Pennsylvania)

Claim: Retail toy store forced to close its physical location and reduce its business

and staff due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Business owners;

Commercial Automobile; Commercial Umbrella; Employment Practices

Liability; No Virus exclusion

Suspension: On March 19, 2020, Governor Tom Wolf issued an Order which required

the closure of all non-life sustaining businesses to close physical operations.

Relief: DJ

Case Name: Palmer Holdings and Investments, Inc. d/b/a Palmer’s Delis and Markets;

Breadworks; Sunset Gold v. Integrity Insurance Company and Integrity

Property & Casualty Insurance Company



Claim: Food and beverage restaurants forced to reduce business to take-out and

delivery at three of their locations, and have terminated 117 employees as a

result of governmental orders put into place as a result of COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; Virus exclusion

Suspension: On or about March 17, 2020, Governor Kim Reynolds issued an order

requiring the closure of restaurants.


Case Name: Muscogee (Creek) Nation d/b/a Muscogee (Creek) Nation Casinos v.

Lexington Insurance Company, Underwriters at Lloyd’s Syndicates,

Underwriters at Lloyd’s Aspen Specialty Insurance Company, Homeland

Insurance Company of NY, Hallmark Specialty Insurance Company,

Endurance Worldwide Insurance LTD, Arch Specialty Insurance Company,

Evanston Insurance Company, Allied World National Assurance Company,

Liberty Mutual Fire Insurance Company, XL Insurance America, Inc.,

AXA/XL America, Inc., Underwriters at Lloyd’s London and ABC

Insurance Companies (to be determined)

Venue: District Court of Muskogee County – Oklahoma

Pltf Atty: Whitten Burrage (Oklahoma City, Oklahoma)

Claim: Indian Tribe which operates numerous commercial businesses throughout

Muskogee County suffered business loss and loss of use of its property for

the intended purpose, as a result of the COVID-19 pandemic. Prospective

denial.

Coverage: All risk; Civil authority; Extra expense; Limitations of ingress and egress;

No Virus exclusion

Suspension: The United States became infected by COVID-19 on or about March of

2020.

Relief: DJ

Case Name: BBMS, LLC d/b/a All A’Bloom v. Continental Casualty Company


Venue: USDC – Western District of Missouri

Pltf Atty: Bartle & Marcus LLC (Kansas City, Missouri)

M. Blake Health, Mo. Bar # 61939 (Kansas City, Missouri)

Claim: Retail flower shop and design studio suffered and continues to suffer

ongoing business loss due to COVID-19. Not only have all events that

typically require flowers been cancelled, but Plaintiff is also dealing with a

shortage of flowers due to issues getting them from other states/countries.

Prospective denial.


No Virus exclusion

Suspension: On April 3, 2020, the State of Missouri issued a stay-at-home order to try

and stop the spread of COVID-19.


Case Name: Motherway & Napleton, LLP v. Sentinel Insurance Company Limited a/k/a

The Hartford, and Joseph T. Snyder & Associates, Ltd.

Venue: Circuit Court of Cook County – Illinois County Department

Pltf Atty: Motherway & Napleton, LLP (Chicago, Illinois)

Claim: Law office forced to suspend normal business operations due to the

presence of COVID-19. Plaintiff shares a building and communal spaces

with other tenants, who received notice from the landlord that an

individual one floor above Plaintiff’s tested positive for COVID-19

(¶31). This individual shared the hallways, lobbies, elevators, etc. in

common with Plaintiff, deeming the virus present at Plaintiff’s insured

premises. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Virus coverage; No

pandemic exclusion;

Suspension: On March 20, 2020, Illinois Governor J.B. Pritzker issued an executive

order which closed all “non-essential” businesses.

Relief: DJ; Breach of Contract; Bad Faith; Negligence

Case Name: Mennis Inc. d/b/a The Tavern On Clark v. Erie Insurance Exchange and

Erie Indemnity Company (National Class Action)


Pltf Atty: Robbins Geller Rudman & Dowd LLP (Chicago, Illinois)






Ademi & O’Reilly, LLP (Cudahy, Wisconsin)

Claim: Restaurant and bar forced to close its dining room due to governmental

closure orders. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; No virus exclusion

Suspension: On March 16, 2020, Governor Pritzker issued an Executive Order which

suspended in person dining in the State.


Case Name: M. Ilhan Uzel, DMS, DSC, d/b/a Mercer Center for Implants and

Periodontics at Princeton v. The Hanover Insurance Group, Inc. d/b/a The

Hanover, and Citizens Insurance Company of America

Venue: USDC – District of New Jersey – Trenton Vicinage



Beasley, Allen, Crow, Methvin, Portis & Miles P.C. (Montgomery,

Alabama)

Claim: Dental office forced to reduce its services to emergency and urgent only, as

a result of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Contamination coverage; Extra expense; Business

income; Business personal property; No virus exclusion

Suspension: On March 22, 2020, Plaintiff shut its doors after various civil authority

orders requiring the sheltering of residents, and the suspension of all

elective surgeries and procedures.

Relief: DJ

Case Name: J.G. Optical, Inc. v. The Travelers Companies, Inc. and The Charter Oak

Fire Insurance Company (National Class Action)






Claim: Retailer providing eyeglasses, contact lenses and related products forced to

cease operations due to its non-essential status. Prospective denial.


Suspension: Containment efforts by civil authorities to close non-essential business,

which forced the closure of Plaintiff’s business.


Case Name: Federici Dental P.A. v. The Hanover Insurance Group, Inc. and Citizens

Insurance Company of America



Claim: Dental office forced to close its business due to the Coronavirus pandemic.

Prospective denial.

Coverage: All risk; Civil authority; Virus and bacterium exclusion

Suspension: On March 21, 2020, Governor Murphy issued a “stay at home” order,

coupled with the New Jersey Dental Board which advised that dentists

should cancel or postpone all elective and non-routine appointments.


Case Name: Dr. Constantine Rossakis MD, PC v. Liberty Mutual Insurance Company

Venue: Superior Court of New Jersey Law Division – Bergen County

Pltf Atty: Francis J. DeVito, P.A. (Moonachie, New Jersey)

Claim: Physician’s office forced to close due to COVID-19. Prospective denial.

Coverage: Commercial property; improvements and betterments; building and

personal property; business income; extra expenses; No virus exclusion

Suspension: On or about March 9, 2020, Plaintiff began to suffer business loss as a result

of COVID-19. Governmental orders forced the closure of Plaintiff’s

business.


Case Name: Gammon and Associates Inc. v. National Fire Insurance Company of

Hartford, and CAN Financial Corporation d/b/a CNA





Alabama)

Claim: Marketing and Advertising agency with locations in New York and

California suffered business loss as a result of forced closure due to


Coverage: All risk; Civil authority; Personal property; Business income; Extra

expense; Contamination coverage; No virus exclusion

Suspension: On March 19, 2020, Plaintiff’s California office was forced to close due to

its non-essential status. On March 20, 2020, Plaintiff’s New York office

was forced to close due to similar orders.

Relief: DJ

Case Name: LDWB #2 LLC dba Lonesome Dove Austin v. FCCI Insurance Company

Venue: USDC – Western District of Texas, Austin Division

Pltf Atty: Hendler Flores Law, PLLC (Austin, Texas)

Kabateck LLP (Los Angeles, California)

Hart McLaughlin & Eldridge, LLC (Chicago, Illinois)

Claim: Restaurant suffering loss of business income as a result of COVID-19 and

closure orders. Prospective denial.

Coverage: All risk; Civil authority; Property; Business personal property; Business

income; Extra expense; No virus exclusion

Suspension: On March 19, 2020, Governor Abbott issued Executive Order No. GA-08

which prohibited eating and drinking at bars and restaurants.

Relief: DJ

Case Name: Graileys, Inc. d/b/a Graileys Fine Wines v. The Hartford Fire Insurance

Company and Sentinel Insurance Company, Ltd.,

Venue: USDC – Northern District of Texas – Dallas Division


Claim: Exclusive wine club providing wine and food pairings forced to close due

to the “Stay Home Stay Safe” orders. Prospective denial.

Coverage: Civil authority; business income; No virus exclusion

Suspension: On March 16, 2020, Dallas County Judge Clay Jenkins issued an order

closing all private clubs, bars, etc., which was followed up by the statewide

“Stay Home Stay Safe” orders.

Relief: DJ; Breach of Contract; Violation of Texas code; Breach of Duty of Good

Faith and Fair Dealing

Case Name: Independence Restaurant Group, LLC d/b/a Independence Beer Garden v.

Certain Underwriters at Lloyd’s London (National Class Action)


Pltf Atty: Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, LLP

(Philadelphia, Pennsylvania)

Francis Mailman Soumilas, P.C. (Philadelphia, Pennsylvania)

Claim: Beer garden forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Personal property; Extra

expense; Rental income; No virus exclusion

Suspension: On March 19, 2020, Governor Wolf ordered the closure of non-life-

sustaining businesses, which included Plaintiff’s business.

Relief: DJ

Case Name: Kimmel & Silverman P.C. v. Travelers Property Casualty Company of

America


Pltf Atty: Kimmel & Silverman, P.C. (Ambler, Pennsylvania)

Claim: Law firm forced to close due to precautionary measures by the state of

Pennsylvania to stop the spread of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Property; Business income; Extra expense; Virus

exclusion

Suspension: On March 16, 2020, Plaintiff closed its doors for business as a result of state

and local orders requiring the closure of non-life-sustaining business.


Case Name: Hirbod H. Rowshan DDS, P.S. v. Ohio Security Insurance Company


Venue: USDC – Western District of Washington at Seattle



Claim: Oral and Maxillofacial Surgery and Implantology office unable to provide

dental services, except for on an urgent or emergency basis due to COVID-


Coverage: Civil authority; Extended business income; Business interruption; Extra

expense; No virus exclusion

Suspension: On March 19, 2020, Governor Inslee issued a Proclamation restricting non-

urgent medical and dental procedures


Case Name: Harvey B. Pats, M.D. P.D., v. The Hartford Fire Insurance Company,

Hartford Financial Services Group and Commercial Inland Marine Hartford

Fire Insurance Company

Venue: USDC – District of Connecticut






Alabama)

Claim: Medical practice suffered business loss due to COVID-19 and closure

orders. Plaintiff is only permitted to perform emergency procedures.

Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Virus exclusion;

Suspension: On March 23, 2020, The State of Maryland issued an order closing all non-

essential businesses, and on the 30th of March, it issued a stay at home order

for the entire state.

Relief: DJ

Case Name: Dotexamdr PLLC v. The Hartford Fire Insurance Company, Hartford

Financial Services Group and Commercial Inland Marine Hartford Fire

Insurance Company







Alabama)

Claim: Chiropractic practice suffered business loss due to closure orders


Coverage: All risk; Civil authority; Business income; Business personal property;

Virus exclusion;

Suspension: On March 31, 2020, the State of Texas issued an order that no one was to

leave their house except for essential services, and on April 2, 2020 the

County of Dallas cited businesses that operated in violation of these orders.

Relief: DJ

Case Name: Gaming Entertainment Touch Tech v. Ohio Casualty Insurance Company,

Ohio Security Insurance Company and Liberty Mutual Insurance Company

Venue: USDC – District of Nevada

Pltf Atty: Kemp Jones, LLP (Las Vegas, Nevada)





Alabama)

Claim: Gaming business who receives most of its products from overseas imports

forced to alter staggering shifts and suffer business loss due to COVID-19.

The normal course of business operation is also threatened as Plaintiff will

have trouble getting the products from overseas. Prospective denial.


expense; Contamination coverage; Virus exclusion

Suspension: On March 17, 2020, The State of Nevada shut down non-essential

businesses. On March 19, 2020, Plaintiff closed all of its locations, and has

not been able to continue collecting payment on shipments that occurred

prior to the closure orders.

Relief: DJ

Case Name: Goodwill Industries of Central Oklahoma, Inc. d/b/a Goodwill Career

Pathways Institute v. Philadelphia Indemnity Insurance Company

Venue: District Court of Cleveland County – State of Oklahoma


Claim: Not-for-profit agency providing training, employment, retail stores, etc.,

required to cease operations as a result of COVID-19. Prospective denial.


(which Plaintiff claims is not applicable, as the endorsement was added

without consideration to Goodwill (¶12).

Suspension: On March 25, 2020, Governor Stitt issued an Executive Order which

ordered closure to the public of all non-critical businesses.

Relief: DJ

Case Name: Greg Prosmushkin P.C. and Greg Prosmushkin and Irina Prosmushkin v.

The Hanover Insurance Group


Pltf Atty: Greg Prosmushkin, P.C. (Philadelphia, Pennsylvania)

Claim: Law office forced to close due to COVID-19. Prospective denial.

Coverage: Business income; Extra expense; Virus exclusion

Suspension: On March 16, 2020, the City of Philadelphia announced the closure of all

non-essential businesses, including Plaintiffs.

Relief: DJ

Case Name: GCDC LLC d/b/a GCDC Grilled Cheese Bar v. The Hartford Financial

Services Group, Inc., a corporation, and Sentinel Insurance Company, LTD.


Venue: USDC – District of Columbia

Pltf Atty: Cohen Milstein Sellers & Toll PLLC (Washington, DC)

Gibbs Law Group LLP (Oakland, California)

Claim: Restaurant forced to implement social distancing guidelines and stop

allowing in person dining due to COVID-19. Despite their offering of take-

out food, Plaintiff experienced a 95% drop in business, and has since closed.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Fungi, Bacteria or virus

exclusion;

Suspension: On March 16, 2020, the District of Columbia’s Mayor Muriel Bowser

issued Order 2020-051 which limited gatherings of more than 50 people, as

well as table seating at restaurants. On March 24, 2020, these restrictions

were further tightened to include the prohibition of sit-down consumption

at any restaurant, and the requirement of social distancing when picking up

food.

Relief: DJ; Breach of Contract; Breach of Covenant of Good faith and fair dealing

Case Name: Dino Palmieri Salons, Inc., v. State Automobile Mutual Insurance Company

dba State Auto Insurance Companies (National Class Action)


Pltf Atty: Rutter & Russin, LLC (Cleveland, Ohio)


Claim: Salon and spa with ten locations forced to close due to COVID-19.

Prospective denial.


Suspension: On March 18, 2020, Ohio government ordered the closure of all salons in

the State.

Relief: DJ

Case Name: Somco, LLC dba J3 Clothing Co. v. Lightning Rod Mutual Insurance

Company


Pltf Atty: Spangenberg, Shibley & Liber, LLP (Cleveland, Ohio)


Claim: Retail store selling men’s closing and accessories forced to close due to

COVID-19. “At least one of plaintiff’s customers who was present at

Plaintiff’s premises . . . has tested positive for COVID-19” (¶55).

Prospective denial.


Suspension: On March 22, 2020, the Ohio Department of Health issued a Stay At Home

Order which requires residents to stay home and non-essential businesses

to close.

Relief: DJ

Case Name: The School for Creative Tots LLC v. West Bend Mutual Insurance Co., and

Amy Action, MD, MPH, in her official capacity as Director of Health for

the Ohio Department of Health

Venue: Court of Common Pleas – Hamilton County, Ohio

Pltf Atty: Strauss Troy Co., LPA (Cincinnati, Ohio)

Bryant Law Center (Peducah, Kentucky)

Claim: Preschool forced to close due to COVID-19. Prospective denial.

Coverage: Civil authority; Business income; Virus exclusion – “But, that exclusion

does not apply when the claim is for loss of business income and extra

expense” (¶10). This policy has no virus exclusion applicable to a claim for

loss of business income.

Suspension: On March 24, 2020, Dr. Amy Acton, Director of Health for the State of

Ohio issued an order which shutdown many businesses, including

Plaintiff’s.

Relief: DJ

Case Name: Café La Trova LLC v. Aspen Specialty Insurance Company

Venue: Circuit Court – Eleventh Judicial Circuit for Miami-Dade County, Florida

Pltf Atty: Solowsky & Allen, P.L. (Miami, Florida)

Claim: Restaurant and bar forced to close due to governmental orders put in place

as a result of COVID-19. Prospective denial.

Coverage: Commercial property; Business income; Extra expense; No virus exclusion

Suspension: On March 17, 2020, the City of Miami issued an order that required the

closure of all dine-in restaurants and bars.

Relief: DJ

Case Name: New Super China Buffet, Inc., v. Grange Mutual Casualty Company, a/k/a

Grange Insurance Company

Venue: USDC – Southern District of Ohio

Pltf Atty: The Baker Law Group (Columbus, Ohio)

Robert Peirce & Associates, P.C. (Pittsburgh, Pennsylvania)




Alabama)



expense; Contamination; Virus exclusion;

Suspension: On March 20, 2020, the State of Illinois issued a stay-at-home order, which

impacted Plaintiff’s business from remaining operational.

Relief: DJ

Case Name: Scratch Restaurants LLC dba Phillip Douglas LLC and Scratch Bar and

Kitchen and Sushi Bar Los Angeles and Sushi Bar Montecito v. Farmers

Group Inc., Truck Insurance Exchange and DOES 1 to 25

Venue: Superior Court for The State of California – County of Los Angeles

Pltf Atty: Kabateck LLP (Los Angeles, California)

Claim: Restaurants forced to close due to COVID-19. Prospective denial.

Coverage: Civil authority; Property; Business income; Extra expense; No virus

exclusion

Suspension: On March 15, 2020, Mayor Eric Garcetti issued an order which prohibited

dine-in service at restaurants, which also meant that Plaintiff’s restaurants

would be closed completely.

Relief: DJ

Case Name: MHG Hotels, LLC; Jali, LLC; Hotels of Speedway, LLC; Hotels of

Deerfield, LLC; Motels of Noblesville, LLC; Motels of Avon, LLP; Motels

of Fishers, LLP; Motels of Indianapolis, LLP; Natver, LLP; Motels of

Seymour, LLP; Sri-Ram, Inc.; Siva, Inc.; Hiren, LLP; IDM, LLC; Motels

of Noblesville 2, LLP; Neal Lodging, LLC; Motels of North Aurora, LLP;

Ranjan, LLC; Motels of Bloomington, LLC; Ravi, LLC; Hotels of Stafford,

LLP; Appletree Hospitality, LLC; Emerald Hotels Investment, LLC;

Gourley Pike Lodging, LLC; Hotels of Deerfield Beach, LLC; Motels of

Sufarland, LLP v. EMC Risk Services, LLC

Venue: Indiana - Marion Superior Court – Civil Division 6

Pltf Atty: MHG Hotels, LLC (Indianapolis, Indiana)

Claim: Hotel development and management business suffered continuous business

loss due to COVID-19. Prospective denial.

Coverage: All risk; Property; Extra expense; No virus exclusion

Suspension: Plaintiffs operate hotels throughout the United States, and each closure

order enacted by local governments prevented customers from traveling to

and staying in Plaintiff’s hotels.

Relief: Breach of Contract; Bad faith; Fraudulent Misrepresentation

Case Name: Big Tomato LLC d/b/a Tabella v. State Auto Property and Casualty

Insurance Co. (National Class Action)

Venue: USDC – Southern District of Mississippi – Hattiesburg Division

Pltf Atty: Barrett Law Group, P.A. (Lexington, Mississippi)

Claim: Restaurant forced to furlough employees and close its location due to

governmental orders surrounding COVID-19. Prospective denial.


exclusion

Suspension: On March 21, 2020, Mayor Barker issued an order closing dine-in services

at restaurants. On March 24, 2020, Governor Reeves issued an Executive

Order which restricted operations further.


Case Name: BN Farm LLC d/b/a The Farm Bar and Grille Essex, Bnipswich LLC d/b/a

a Fox Creek Tavern f/k/a EN Fuego Cocina Mexicana, BN Marina LLC,

BNR Beverly Inc d/b/a En Fuego Beverly, BNR Salisbury LLC d/b/a

Portside Waterfront Kitchen & Bar, BNR Methuen LLC d/b/a The Miller’s

Tavern a/k/a The Miller Tavern, BNFarmdover, LLC d/b/a The Farm Bar

& Grille Dover, BNRFarmmanch LLC d/b/a The Farm Bar & Grille

Manchester, BNR Hampton LLC d/b/a The 401 Tavern and BN Realty

Limited Liability Company v. The Cincinnati Casualty Company


Pltf Atty: Regnante Sterio LLP (Wakefield, Massachusetts)

Claim: Restaurant and bar forced to close due to COVID-19. Although permitted

to operate for carry out and delivery, Plaintiff’s restaurants are not set up in

such a model, and so have been closed since the orders went into effect.

Prospective denial.


exclusion;

Suspension: On March 16, 2020, Governor Sununu of New Hampshire issued

Emergency Order No.2 which closed the onsite consumption of food and

beverage at restaurants in the state. On March 17, 2020, Governor Baker of

Massachusetts issued COVID-19 order No. 13 which ordered similar

closures in the state.


Case Name: Equity Planning Corporation v. Westfield Insurance Company (National

Class Action)



Claim: Commercial real estate business suffered loss as a result of the tenants of

the businesses it rents to being closed, and therefore not paying rent to

Plaintiff. Prospective denial.

Coverage: All risk; Civil authority; Business personal property; Business income and

expense; Extra expense; No virus exclusion

Suspension: On March 23, 2020, a Civil Authority ordered the closure of non-essential

business and the residents to stay home. As a result, Plaintiff’s tenants

closed their non-essential businesses.


Case Name: Blue Springs Dental Care LLC, Green Hills Dental KC LLC, Highland

Dental Clinic LLC and Kearney Dental LLC v. Owners Insurance Company



Pltf Atty: Stueve Siegel Hanson LLP (Curtis Shank, Missouri)



Claim: Dental clinics forced to greatly reduce their operations due to COVID-19

and the stay at home orders. Prospective denial.


exclusion;

Suspension: On April 3, 2020 the State of Missouri issued its stay at home order which

also closed non-essential business. The American Dental Association also

suggested that dentists limit their practice to urgent and emergency

treatment only.

Relief: DJ; Beach of Contract

Case Name: Broadway 104, LLC d/b/a Café Du Soleil v. Axa Financial, Inc., XL

Insurance America, Inc. (National Class Action)


Pltf Atty: Ahdoot & Wolfson, PC (New York, New York)

Claim: Family owned restaurant forced to close due to COVID-19. Plaintiff’s

business is an entirely in-person dining experience, so they are not able to

provide carry out or delivery. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Virus exclusion

Suspension: On March 17, 2020, New York City Mayor DeBlasio closed all restaurants

in New York City, except for takeout and delivery. On March 22, 2020,

New York Governor Cuomo issued a “PAUSE” order closing all non-

essential business and mandating all citizens stay at home when not taking

part in essential activities.

Relief: Breach of Contract; Breach of the Duty of Good Faith; Unjust Enrichment

Case Name: ABC Daycare & Learning Center v. West Bend Mutual Insurance Company

Venue: Madison Circuit Court – Commonwealth of Kentucky

Pltf Atty: McBrayer PLLC (Lexington, Kentucky)

Claim: Childcare centers forced to close due to COVID-19. Prospective denial.

Coverage: Communicable disease Business income and Extra expense;

Suspension: On March 18, 2020, Kentucky ordered the closure of all licensed childcare

centers.

Relief: DJ; Violation of Kentucky Insurance Code; Bad Faith; Breach of Insurance

Coverage

Case Name: Drama Camp Productions, Inc., and J&M LLC, d/b/a Shades v. MT.

Hawley Insurance Co. (National Class Action)

Venue: USDC – Southern District of Alabama


Barrett Law Group, P.A. (Lexington, Mississippi)

Claim: Children’s drama studio and retail stores forced to close due to their non-

essential status during the COVID-19 pandemic. Prospective denial.

Coverage: All risk; Business income; Extra expense; Pollution exclusion; Virus

exclusion

Suspension: On March 27, 2020, the Alabama State Health Officer, Dr. Harris entered

an order closing non-essential business. On April 30, 2020, Plaintiff Shades

could reopen at 50% capacity, but Plaintiff Drama Camp is still shut.


Case Name: Picasso Aesthetic and Cosmetic Dental Spa, P.A. v. First Community

Insurance Company

Venue: Circuit Court of Twentieth Judicial Circuit in Lee County - Florida

Pltf Atty: Nation Law (Longwood, Florida)

Morgan & Morgan, PLLC (Fort Meyers, Florida)

Claim: Dental office forced to close due to COVID-19. Prospective denial.

Coverage: Business income; Extra expense; No virus exclusion;

Suspension: On March 20, 2020 Governor DeSantis issued Executive Order No. 20-72,

which limited medical and dental providers to only performing emergency

and urgent procedures.

Relief: DJ; Breach of Insurance Policy

Case Name: New Restaurant Group LP, dba Coi Restaurant and Alta Adams Restaurant

Project, LLC, dba Alta Adams Restaurant and Adams Coffee Shop v.

Farmers Group Inc., Mid-Century Insurance Company

Venue: Superior Court of the State of California – County of San Francisco



Claim: Restaurant forced to close due to government policy surrounding COVID-

19. Plaintiff is taking part in a plan which will employ roughly 20% of its

staff to provide meals to emergency workers, hospital personnel and others.

Prospective denial.

Coverage: Civil authority; Business income; Virus exclusion;

Suspension: On March 13, 2020, the San Francisco Department of Public Health issued

an Order which prohibited gatherings of people in restaurants. On March

16, 2020, the same authority issued an order which required residents to

shelter in place, and restaurants to only provide take out and delivery

services.


Dealing; Unfair business practice

Case Name: Q Clothier New Orleans, LLC; Q Shirtmakers West Village, LLC; Q

Custom Clothier Houston, LLC; Q Custom Clothier OKC, LLC; Q Clothier

Tulsa, LLC; Q Clothier Ft. Worth, LLC; Q Fifty One Digital, LLC; Q Fifty

One, LLC v. Twin City Fire Insurance Company and Hartford Fire

Insurance Company

Venue: USDC – Eastern District of Louisiana

Pltf Atty: Schexnaydre Law Firm (Mandeville, Louisiana)

Claim: Custom men’s clothing stores forced to close due to COVID-19.

Prospective denial.


income; Extra expense; Limited fungi, bacteria or virus coverage

Suspension: Various Civil Authority orders requiring the closure of non-essential

business.

Relief: DJ

Case Name: Karmel Davis and Associates, Attorneys-At-Law, LLC v. The Hartford

Financial Services Group, Inc., and Hartford Casualty Insurance Company


Venue: USDC – Northern District of Georgia

Pltf Atty: Greg Coleman Law PC (Knoxville, Tennessee)

Greg Coleman Law PC (Los Angeles, California)

Berger Montague PC (Philadelphia, Pennsylvania)

Berger Montague PC (Minneapolis, Minnesota)

Whitfield Bryson LLP (Raleigh, North Carolina)

Claim: Law firm forced to significantly reduce its legal practice as a result of



Suspension: On April 2, 2020, Governor Kemp issued a statewide Shelter in Place order.

Additionally, the Courts in Georgia altered their operations in response as

well.


Case Name: Nicole M. Berger, DDS, PA, v. Bankers Insurance Company

Venue: Circuit Court of the 17th Circuit – Broward County, Florida

Pltf Atty: Shochet Law Group (Boynton Beach, Florida)

Claim: Dental office suffered damage to business property as a result of a disease.

Prospective denial.

Coverage: Business owner’s policy; Complaint claims that a copy of the policy will

not be available until discovery.

Suspension: No reference to this information in the complaint.

Relief: Breach of contract

Case Name: Investments PH LLC d/b/a Taikin Asian Cuisine v. Western World

Insurance Company

Venue: Circuit Court – 11th Judicial District – Miami-Dade County, Florida

Pltf Atty: Gallup Auerbach (Hollywood, Florida)

Hershkowitz Shapiro (Miami, Florida)

Claim: Restaurant suffered business loss due to the COVID-19 pandemic.

Prospective denial.


Suspension: On March 17, 2020, an order was signed by Carlos Giminez, Miami-Dade

Mayor, which closed all restaurants for dine-in services. Only takeout and

delivery were permitted.

Relief: DJ

Case Name: Family Dentistry of Okeechobee, Inc. and Sloan & Riley Holdings, LLC v.

West American Insurance Company

Venue: USDC – Southern District of Florida – Fort Pierce Division


Claim: Dental office suffered loss of business income due to COVID-19 orders.

Plaintiff will continue to suffer loss due to requirements surrounding

changes to be made to Plaintiff’s insured location. Prospective denial.


Suspension: On March 20, 2020, Governor DeSantis used Executive Order 20-72 which

required the cessation of performance of elective dental procedures.

Relief: DJ

Case Name: Spector Gadon Rosen Vinci P.C. v. Valley Forge Insurance Company


Pltf Atty: Spector Gadon Rosen Vinci P.C. (Philadelphia, Pennsylvania)

Claim: Law firm suffered business loss due to the COVID-19 pandemic and

governmental orders surrounding same. Prospective denial.

Coverage: Civil authority; Business income; Covered peril; No virus exclusion

Suspension: As of March 17, 2020, Plaintiff closed its office due to governmental stay-

at-home orders.


Case Name: Levy Ad Group, Inc.; Levy Production Group, LLC; Levy Online v. The

Chubb Corporation dba Chubb Group of Insurance Companies; Federal

Insurance Company


Pltf Atty: Law Office of Bradley L. Booke (Las Vegas, Nevada)

Claim: Advertising agency, video production and post-production business with a

digital marketing agency forced to close their business operations as a result

of Emergency Directives from the Governor of the State of Nevada.

Prospective denial.

Coverage: Civil authority; Business income; Extra expense; No virus exclusion;

Suspension: On March 20, 2020, the Governor of the State of Nevada ordered the closure

of all non-essential businesses, including Plaintiffs. Their business was

further impacted by the March 30, 2020 stay-at-home emergency directive.


Case Name: Pappy’s Barber Shops, Inc. and Pappy’s Barber Shop Poway, Inc., v.

Farmers Group, Inc., Farmers Insurance Company, Inc., and Truck

Insurance Exchange (National Class Action)

Venue: USDC – Southern District of California

Pltf Atty: Haeggquist & Eck, LLP (San Diego, California)

Claim: Barber shop forced to close entirely due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Mold and

Microorganism exclusion; Virus exclusion

Suspension: Civil authority orders in the state of California required the closure of

Plaintiff’s business as of March 19, 2020.

Relief: DJ; Breach of Contract; Unfair business practices

Case Name: Best Rest Motel, Inc., d/b/a Holiday Inn Express Old Town v. Sequoia

Insurance Company; Amtrust North America, Inc.,

Venue: Superior Court of the State of California – County of San Diego – Central

Division

Pltf Atty: LiMandri & Jonna LLP (Rancho Santa Fe, California)

Claim: Hotel suffered major business income loss and cancellations of reservations

due to COVID-19. Prospective denial.


exclusion; terrorism; Defendants sold Plaintiff additional business

income coverage on March 16, 2020.”On March 16, 2020, Defendants

emailed Plaintiff’s insurance agency and stated that (1) the “Civil

Authority exclusion” would bar coverage for losses caused by a

government shutdown and (2) “we, along with the rest of the industry,

does [sic] not consider a virus as a loss of property” (¶36).

Suspension: On March 19, 2020, California Governor Gavin Newsom issued Executive

Order N-33-20 which required all those not participating in “essential

critical infrastructure” to stay home. Due to this and other executive orders,

tourism and non-essential business travel were stopped, therefore

decreasing Plaintiff’s business profits.

Relief: DJ; Breach of Contract; Breach of implied covenant of good faith and fair

dealing

Case Name: In-N-Out Burgers v. Zurich American Insurance Company

Venue: USDC – Central District of California

Pltf Atty: Pillsbury Winthrop Shaw Pittman LLP (Los Angeles, California)

Claim: Quick service restaurant with large notoriety and locations in California,

Arizona, Nevada, Utah Oregon and Texas forced to reduce its business to

drive through only, due to COVID-19. At the time of the complaint, Plaintiff

is aware of 30 associates who have been diagnosed with COVID-19. (¶26).

Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Extra expense; No Virus

exclusion

Suspension: State governments in all states where Plaintiff has restaurants declared stay-

at-home orders. Additionally, these same orders require the closure of all

dining rooms.


Case Name: Alan Serure MD PA, South Miami Center for Advanced Surgery, LLC,

Serure Med Spa, LLC v. Certain Underwriters at Lloyd’s London

Venue: Eleventh Judicial Circuit – Miami-Dade County, Florida

Pltf Atty: Brodsky Fotiu-Wojtowicz, PLLC (Miami, Florida)

Mintz Truppman, P.A. (North Miami, Florida)

Claim: Medical spa forced to close due to COVID-19. Prospective denial.


exclusion

Suspension: On March 20, 2020 Florida Governor DeSantis issued Executive Order 20-

72 which prohibited non-urgent and non-emergency procedures form being

performed.

Relief: DJ; Breach of Contract; Fraud in the Inducement

Case Name: Urogynecology Specialist of Florida LLC v. Sentinel Insurance Company,

Ltd.

Venue: Circuit Court of the Ninth Judicial Circuit – Orange County, Florida

Pltf Atty: Malik Law P.A. (Maitland, Florida)

Claim: Gynecology practice forced to close except for emergency and urgent visits,


Coverage: Civil authority; Business income; extra expense; Limited virus, fungi,

bacteria endorsement

Suspension: On March 20, 2020 Florida Governor DeSantis issued Executive Order No.

20-72 which limited all non-essential and elective medical and surgical

procedures.


Case Name: Edison Kennedy, LLC v. Scottsdale Insurance Company

Venue: Circuit Court – 13th Judicial Circuit – Hillsborough County, Florida

Pltf Atty: Curry Law Group, P.A. (Brandon, Florida)

Robin S. Trupp, Esquire. (Brandon, Florida)

Claim: Restaurants forced to close and furlough employees due to COVID-19.

Prospective denial.


Extra expense; No Virus exclusion

Suspension: On March 17, 2020, Governor DeSantis ordered all bars and restaurants to

close.

Relief: DJ

Case Name: Island Hotel Properties, Inc., v. Fireman’s Fund Insurance Company



Claim: Owner of two boutique hotels, three single family rental units and a business

office suffered loss of business income due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; No Virus exclusion, but the policy defines

“communicable disease means any disease, bacteria, or virus that may be

transmitted directly or indirectly from human or animal to human” (¶26-

10).

Suspension: On March 20, 2020, Monroe County issued Executive Order 20-02 which

closed the Florida Keys to tourists and leisure. Hotels were only permitted

to rent to military personnel, first responders, health care workers and

construction workers.


Case Name: Investments PH LLC d//a Taikin Asian Cuisine v. Western World Insurance

Company

Venue: Circuit Court – 11th Judicial District – Miami-Dade County, Florida

Pltf Atty: Gallup Auerbach (Hollywood, Florida)

Hershkowitz Shapiro (Miami, Florida)

Claim: Restaurant suffered significant business loss due to COVID-19. Prospective

denial.

Coverage: Civil authority; Business income; Extra expense; No Virus exclusion

Suspension: On March 20, 2020, Florida Governor DeSantis issued an executive order

which closed all onsite dining at restaurants.

Relief: DJ

Case Name: Bauer Family Enterprises, Inc. v. Ohio Security Insurance Company

Venue: USDC – Middle District of Florida – Jacksonville Division


Claim: Men’s barbershop forced to close due to COVID-19. Prospective denial.


Suspension: Florida Governor DeSantis issued Executive Order 20-91 which forced the

closure of non-essential businesses such as Plaintiff’s.

Relief: DJ

Case Name: Counter Culture Hospitality, LLC d/b/a Counter Culture v. Scottsdale

Insurance Company

Venue: Circuit Court of the 13th Judicial Circuit – Hillsborough County, Florida

Pltf Atty: Curry Law Group, P.A. (Brandon, Florida)

Robin S. Trupp, Esquire (Brandon, Florida)

Daniel W. King, Esquire (Brandon, Florida)

Claim: Restaurant forced to furlough employees and close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; Business

personal property; No virus exclusion

Suspension: On March 17, 2020, Governor DeSantis ordered all bars and restaurants to

close for 30 days. This directive was extended an additional 30 days on

April 2, 2020.

Relief: DJ

Case Name: Florida Wellness Center of Tallahassee, Inc. v. Hartford Casualty Insurance

Company

Venue: Circuit Court of 2nd Judicial Circuit – Leon County, Florida

Pltf Atty: The Landau Law Group, P.A. (Boca Raton, Florida)

Law Offices of Thayer A. Musa (Miami, Florida)

Claim: Chiropractic medical practice forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Limited fungi,

bacteria or virus coverage;

Suspension: Governmental authority orders forced the closure of Plaintiff’s business.

Relief: DJ; Breach of Contract; Statutory bad faith

Case Name: Reinol A. Gonzalez, DMD, P.A. v. The Hartford Financial Services Group,

Inc., and Sentinel Insurance Company Limited (National Class Action)




Boies Schiller Flexner LLP (New York, New York)

Claim: Dental practice forced to close as a result of COVID-19. Prospective denial.

Coverage: All risk; Business income; Extra expense; Civil authority; Limited Fungi,

Bacteria or Virus coverage;

Suspension: On March 26, 2020, Broward County issued Emergency Order 20-03 which

directed the closure of non-essential business.


Case Name: Mortar and Pestle Corp d/b/a Olea Restaurant v. Atain Specialty Insurance

Company a/k/a Atain Insurance Company

Venue: USDC – Northern District of California

Pltf Atty: Birka-White Law Offices (Danville, California)





Alabama)

Claim: Restaurant suffered significant business loss due to COVID-19. Prospective

denial.


Suspension: On March 16, 2020 the State of California prohibited all gatherings which

shut down all non-essential business, including Plaintiff’s.

Relief: DJ

Case Name: Escape Rooms FL, LLC v. MESA Underwriters Specialty Insurance

Company

Venue: Circuit Court of 17th Judicial Circuit – Broward County, Florida


Claim: Family friendly escape rooms forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Virus exclusion;

Suspension: On March 22, 2020, Broward County issued Executive Order 20-01 which

ordered the closure of all nonessential retail and commercial business,

which includes Plaintiff.


Case Name: Centurion Restaurant Group LLC v. Illinois Union Insurance Company,

Westchester Surplus Lines Insurance

Venue: Circuit Court – 11th Judicial Circuit for Miami-Dade County, Florida



Claim: Restaurant group with locations in Florida, Texas, North Carolina,

Washington, D.C. and Georgia forced to suspend and reduce business

operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business loss; Business income; Extra expense;

Virus exclusion

Suspension: Miami-Dade Mayor Jimenez issued Emergency Orders 3-20 and 7-20

which restricted or closed non-essential businesses.


Case Name: Sergio’s Restaurant, Inc., v. Arch Specialty Insurance Company

Venue: Circuit Court of the 11th Judicial Circuit – Miami-Dade County, Florida



Claim: Restaurants forced to suspend full business operations due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business loss; Extra expense; No virus exclusion

Suspension: On March 20, 2020 Governor DeSantis issued Executive Order 20-70

which closed restaurants dining areas, and only permitted delivery and

takeout.


Case Name: Pure Fitness, LLC v. The Hartford Financial Services Group, Inc; Hartford

Fire Insurance Company and Twin City Fire Insurance Company (National

Class Action)

Venue: USDC – Northern District of Alabama, Southern Division

Pltf Atty: Whatley Kallas, LLP (Birmingham, Alabama)


Penn & Seaborn, LLC (Union Springs, Alabama)

Johnstone Carroll, LLC (Homewood, Alabama)

Claim: Personal fitness training and instruction business forced to suspend



exclusion

Suspension: On March 19, 2020, the Jefferson County Health Officer issued an order

which closed all gyms. On March 27, 2020, a statewide order went into

effect requiring the closure of all fitness facilities.


Case Name: Forfex LLC dba Supercuts v. Hartford Underwriters Insurance Company;

The Hartford Financial Services Group, Inc. d/b/a The Hartford and Twin

City Fire Insurance Company

Venue: USDC – District of Arizona

Pltf Atty: Finson Law Firm (Playa Vista, California)





Alabama)

Claim: Hair salons forced to shut down due to COVID-19. Prospective denial.



Suspension: On April 1, 2020, the Governor of Arizona issued an order requiring the

closure of all non-essential businesses.

Relief: DJ

Case Name: LJ New Haven LLC d/b/a Lenny & Joes Fish Tale v. Amguard Insurance

Company (National class action)


Pltf Atty: Izard Kindall & Raabe LLP (West Hartford, Connecticut)




Claim: Restaurant forced to cease operations as a result of COVID-19. Prospective

denial.


expense; Virus exclusion

Suspension: Civil authority orders requiring the closure of non-essential businesses.


Case Name: K D Unlimited Inc. d/b/a The Artisan Gathering Salon v. Owners Insurance

Company


Pltf Atty: Gillen Withers & Lake LLC (Atlanta, Georgia)





Alabama)

Claim: Salon forced to close due to COVID-19. Prospective denial.



Suspension: On April 2, 2020, Governor Brian Kemp issued a statewide shelter in place

order which closed Plaintiff’s business. Plaintiff had closed to customers on

March 23, 2020 as a result of additional governmental orders.

Relief: DJ

Case Name: Gilreath Family & Cosmetic Dentistry, Inc. d/b/a Gilreath Dental

Associates v. The Cincinnati Insurance Company (National class action)


Pltf Atty: Hall & Lampros, LLP (Atlanta, Georgia)

The Orlando Firm (Decatur, Georgia)

Claim: Dental office forced to close for all non-urgent and non-emergency



Suspension: On March 18, 2020, the Centers for Medicare and Medicaid Services

released recommendations that all dentists delay elective and non-essential

procedures.


Case Name: GPL Enterprise, LLC d/b/a The Anchor Bar v. Lloyd’s of London and

Certain Underwriters at Lloyd’s Subscribing to Policy No.

DTW01619P00011

Venue: Circuit Court of Maryland – Frederick County

Pltf Atty: The Law Office of Brian M. Maul, LLC (Frederick, Maryland)

Claim: Bar forced to close due to COVID-19. Prospective denial.


Suspension: On March 16, 2020, the Governor of Maryland issued an Emergency Order

which closed all Maryland bars and restaurants except for takeout or

delivery.


Case Name: Siren Salon, Inc. v. Liberty Mutual Insurance Company

Venue: USDC – Northern District of Illinois, Eastern Division

Pltf Atty: Agruss Law Firm, LLC (Chicago, Illinois)

Claim: Beauty parlor and hair styling salon forced to close due to COVID-19.

Prospective denial.

Coverage: Civil authority; Extra expense; Loss of business income; Virus exclusion;

Suspension: Illinois Governor Pritzker issued Executive Order No.8 which ordered the

closure of non-essential businesses in the state.

Relief: DJ

Case Name: MTDB Corp. d/b/a Striker Lanes v. American Automobile Insurance

Company, d/b/a Fireman’s Fund/Allianz (National Class Action)



Sprangenberg, Shibley & Liber, LLP (Cleveland, Ohio)


Claim: Bowling Alley forced to close due to COVID-19. Prospective denial.


Suspension: The Governor of Illinois has issued multiple executive orders surrounding

operations in the State due to COVID-19.

Relief: DJ

Case Name: Roy H. Johnson, DDS and Windy Hill Dentistry, LLC v. The Hartford

Financial Services Group, Inc.; Hartford Fire Insurance Company, Twin

City Fire Insurance Company, Hartford Accident and Indemnity Company,

Hartford Casualty Insurance Company, Hartford Insurance Company of the

Southeast, Hartford Underwriters Insurance Company, Hartford Insurance

Company of the Midwest, Hartford Insurance Company of Illinois, Sentinel

Insurance Company, Ltd., Property and Casualty Insurance Company of

Hartford and John Doe Corporations 1-100 (National Class Action)


Pltf Atty: Barnes Law Group, LLC (Marietta, Georgia)

Claim: Dental Office forced to reduce all operations to emergency only due to

COVID-19. Plaintiff is in the Cobb County, Georgia which is among the

top 5 counties with the greatest number of confirmed COVID-19 cases in

the State. (¶50). Prospective denial.

Coverage: All risk; Civil authority; Business Income; Extra expense; No virus

exclusion

Suspension: On March 18, 2020, the Centers for Medicaid and Medicare Services

recommended the suspension of elective medical and dental procedures. On

April 2, 2020, Governor Kemp issued an Executive Order requiring all

residents to shelter in place to limit the spread of COVID-19.


Case Name: Plastic Surgeons of Lexington, PLLC v. Liberty Mutual Insurance and Ohio

Security Insurance Company

Venue: Commonwealth of Kentucky, Fayette Circuit Court – Civil Division

Pltf Atty: Regard Law Group, PLLC (Lexington, Kentucky)

Claim: Plastic surgeon’s office forced to suspend operations due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Virus exclusion

Suspension: On March 14, 2020, Governor Beshear recommended that Kentucky

hospitals cease preforming elective procedures. On March 18, 2020, the

Cabinet for Health and Family Services issued an Order which required the

cessation of non-emergency medical procedures.

Relief: DJ; Breach of Contract; Common Law Bad Faith

Case Name: Accents In Sterling, Inc. d/b/a Rare Earth Gallery v. Liberty Mutual

Insurance Group, Liberty Mutual Insurance Company and Liberty Mutual

Insurance


Pltf Atty: Kreindler & Kreindler LLP (Boston, Massachusetts)





Alabama)

Claim: Retail store forced to close due to COVID-19. Prospective denial.


expense; Contamination; Virus exclusion

Suspension: On April 1, 2020 Governor Ducey issued the closure of all non-essential

businesses.

Relief: DJ

Case Name: Circolo, LLC dba Pasqual’s Hilldale v. Society Insurance (National Class

Action)

Venue: Circuit Court – Dane County, Wisconsin

Pltf Atty: Turke & Strauss LLP (Madison, Wisconsin)


Coverage: Civil authority; Business income; Extra expense; Commercial liability; No

virus exclusion

Suspension: On March 17, 2020, the State of Wisconsin issued Emergency Order #5

which instructed all residents to refrain from mass gatherings and closed all

bars and restaurants.

Relief: DJ; Breach of Contract; Breach of Implied Covenant of Good Faith and Fair

Dealing; Bad Faith Refusal to Honor Claim

Case Name: Santino, LLC v. Society Insurance (National Class Action)

Venue: Circuit Court – State of Wisconsin – Outagamie County

Pltf Atty: Nash, Spindler, Grimstad & McCracken LLP (Manitowoc, Wisconsin)


Coverage: Civil authority; Contamination; Business income; Extra expense; No virus

exclusion

Suspension: On March 17, 2020, Governor Tony Evers issued a safer-at-home order,

which banned gatherings of more than 10 people and closed bars and

restaurants, except for delivery and pick-up orders.

Relief: DJ; Breach of Contract; Bad Faith; Statutory Interest

Case Name: Badger Crossing, Inc. d/b/a Badger Crossing Pub & Eatery v. Society

Insurance (National Class Action)

Venue: Circuit Court – State of Wisconsin – Dane County Branch



Claim: Bar and Restaurant forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Contamination; Business income; Extra expense;

No virus exclusion

Suspension: On March 17, 2020, Governor Evers issued Emergency Order No. 5 which

prohibited all bars and restaurants from remaining open, with the exception

of take-out or delivery service in the State of Wisconsin.

Relief: DJ: Breach of Contract

Case Name: Colectivo Coffee Roasters, Inc., and Tandem Restaurant LLC d/b/a The

Tandem v. Society Insurance (National Class Action)

Venue: State of Wisconsin – Circuit Court – Milwaukee County

Pltf Atty: Urban & Taylor s.c. (Milwaukee, Wisconsin)

Wright & Schulte (Vandalia, Ohio)

Claim: Restaurant, bar and coffee roaster forced to close due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 17, 2020, Wisconsin Governor Evers issued an order which

closed all bars and restaurants. On March 24, 2020, Governor Evers ordered

the closure of all non-essential businesses.


Case Name: Lodge Management Corporation; The Lodge Tavern, Inc., d/b/a The Lodge;

MJE Incorporated d/b/a The Redhead Piano Bar; The Hangge-uppe, Inc.,

d/b/a The Hangge-Uppe; Morry’s, LTD., d/b/a Pippin’s Tavern; Streeter’s

Tavern, Inc., d/b/a Streeter’s Tavern; Mother’s First Venture, LTD., d/b/a

Original Mother’s; She-Nannigan’s Green Street, Incorporated, d/b/a House

of Beers; Bootlegger, Inc., d/b/a Coconutz; The River Shannon

Corporation, d/b/a The River Shannon; and 804 North Rush Corp., d/b/a

Downtown Dogs v. Society Insurance and Carlson, Mikuzis & Taylor, Inc.

Venue: Circuit Court – Cook County – Illinois – Chancery Division

Pltf Atty: Corboy & Demetrio P.C. (Chicago, Illinois)

Claim: Restaurants and taverns forced to close and/or significantly reduce



property; No virus exclusion

Suspension: On March 16, 2020, Governor Pritzker issued Executive Order 2020-07

which required the closure of all bars and restaurants.

Relief: DJ

Case Name: Masa Uno, Inc., v. Society Insurance, Inc.

Venue: Circuit Court – Cook County – Illinois County Department – Chancery

Division


Claim: Food service forced to cease operation due to COVID-19. Prospective

denial.


Suspension: On March 15, 2020, Governor Pritzker issued an order closing all

restaurants and bars to the public. On March 20, 2020, Governor Pritzker

issued an additional stay-at-home order.

Relief: DJ

Case Name: Pussytails, Inc. d/b/a Wood Chicago v. Society Insurance





Claim: Restaurant forced to suspend operations due to COVID-19. Prospective

denial.



restaurants and bars to the public. On March 20, 2020, Governor Pritzker

issued an additional stay-at-home order.

Relief: DJ

Case Name: State & 9 Street Corp., d/b/a Bulldog Ale House, Aurora Bull Dog Co., d/b/a

Bulldog Ale House, 459 Randall Crossings Co., d/b/a Bulldog Ale House,

6610 Sheridan Corp., d/b/a Bulldog Ale House, Roosevelt 100 Corp., d/b/a

Bulldog Ale House, 2628 RT 59., d/b/a Bulldog Ale House, 2628 RT 59

Co., d/b/a Burnt Pizza Co., 451 Commons Co., d/b/a Bulldog Ale House,

1480 Golf Corp., d/b/a Bulldog Ale House, Yorktown Toastmaster Corp.,

d/b/a Honey Berry Café, Roselle LLA, Inc., d/b/a Bulldog Ale House, Bull

Dog Ale House, Inc., d/b/a Bulldog Ale House, Mchenry 31 CO., d/b/a

Bulldog Ale House, Algonquin Commons Co., d/b/a Bulldog Ale House

and 157 Weber Company, d/b/a Bulldog Ale House v. Society Insurance


Pltf Atty: Brown Udell Pomerantz & Delrahim LTD (Chicago, Illinois)

Claim: Taverns and Restaurants forced to close due to COVID-19. Prospective

denial.

Coverage: Civil authority; Business income; Extra expense; Contamination coverage;

No virus exclusion;

Suspension: On March 16, 2020, Governor Pritzker issued an executive order which

closed taverns and restaurants to on-premises consumption. He later enacted

an order on March 20, 2020 which was a stay at home order.

Relief: DJ; Bad Faith

Case Name: Snouts, Inc., d/b/a Osteria Langhe v. Society Insurance

Venue: Circuit Court of Cook County, Illinois – Chancery Division

Pltf Atty: Jaszczuk P.C. (Chicago, Illinois)

Claim: Restaurant forced to shut down their operation completely, and eventually

resume limited operation as a result of COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; No virus

exclusion

Suspension: On March 16, 2020, Governor Pritzker ordered all bars and restaurants to

suspend on-premise consumption. On March 20, 2020, Governor Pritzker

issued a closure of all non-essential business in the state.

Relief: DJ: Breach of Contract; Bad Faith

Case Name: Parson’s Chicken & Fish, LLC; Parson’s Lincoln Park LLC; Lost Lake Tiki

LLC; Golden Teardrops LLC; Brisas Inc., d/b/a Longman & Eagle; Culture

Hospitality LLC d/b/a La Luna; Highball LLC d/b/a Deadbolt; Pink Squirrel

Bar LLC; Isshe Inc. d/b/a Owen & Engine Restaurant; Bixi Brewery LLC;

Lawry’s Tavern, Inc. d/b/a Paddy Long’s; OMG Illinois 1 LLC d/b/a Olive

Mediterranean Grill; OMG Illinois 2 LLC d/b/a Olive Mediterranean Grill;

OMG Illinois 3 LLC d/b/a Olive Mediterranean Grill; and Roscoe’s Tavern,

LTD., v. Society Insurance (National Class Action)


Pltf Atty: Edelman, Combs, Latturner & Goodwin, LLC (Chicago, Illinois)

Taft, Stettinius & Hollister, LLP (Chicago, Illinois)

Taft, Stettinius & Hollister, LLP (Indianapolis, Indiana)

Claim: Restaurants, inns and bars forced to cease normal operation due to COVID-

19. Defendants denial is contrary to Illinois law. “Illinois courts have

held that the presence of a dangerous substance in a property in a form

capable of harming persons in that property constitutes physical loss

or damage” (¶44). Prospective denial.

Coverage: All risk; Civil authority; No virus exclusion


which closed restaurants and bars to the public.

Relief: DJ

Case Name: 726 West Grand LLC, 4301 North Western Avenue, 6334 N Clark

Corporation, AA Sports Connection Inc., Butterfly Social Club, Gasthaus

Zum Loewen Inc., Matsui-Jones Corporation, Numberuno LLC, Irving

Sacramento, Inc., Digger’s Pub Inc., ZRD LLC and Zuku LLC v. Society



Pltf Atty: Cafferty Clobes Meriwether & Sprengel LLP (Chicago, Illinois)

Cafferty Clobes Meriwether & Sprengel LLP (Media, Pennsylvania)

Hannafan & Hannafan, Ltd. (Chicago, Illinois)

Claim: Restaurants and taverns forced to reduce and/or suspend normal operation

due to COVID-19. Plaintiffs have also suffered loss due to their need to pay

delivery companies to try and mitigate their other losses. Prospective denial.

Coverage: All risk; Civil authority; Business income; Contamination coverage; Extra



which required the cessation of on-premise consumption at bars and

restaurants. On March 20, 2020, a stay at home order was enacted, requiring

residents to remain at their residences when not preforming essential

activities.

Relief: DJ; Breach of Contract; Bad Faith; Unjust enrichment; Breach of the

Covenant of Good Faith

Case Name: Flight, LLC v. Society Insurance

Venue: Circuit Court of Cook County – Illinois

Pltf Atty: Franklin Law Group (Northfield, Illinois)

Claim: Wine bar and restaurant forced to suspend and reduce its business due to


Coverage: All risk; Civil authority; Business income; Extra expense; Contamination;

No virus exclusion

Suspension: Governor Pritzker issued Executive Order 2020-07 on March 16, 2020,

which forced bars and restaurants to close for on-site consumption. “On or

about March 14, 2020, an employee at Flight suffered the symptoms

associated with COVID-19, including, among others: a fever, flu-like

symptoms, and a loss of taste and sense of smell. (¶42).


Case Name: Gem City Fresh-Mex, Inc. d/b/a Qdoba, Gem City Custard, Inc. d/b/a

Culvers v. Society Insurance (National Class Action)

Venue: Circuit Court – Third Judicial Circuit – Madison County, Illinois

Pltf Atty: TorHoerman Law, LLC (Edwardsville, Illinois)

Wright & Schulte, LLC (Vandalia, Ohio)

Hillard Martinez Gonzales LLP (Corpus Christi, Texas)

Urban & Taylor (Milwaukee, Wisconsin)

Claim: Bars and restaurants forced to cease normal operation due to COVID-19.

Prospective denial.


Dependent property; No virus exclusion;


restaurants and bars to the public. On March 20, 2020, all non-essential

businesses were ordered closed.


Case Name: Deerfield Italian Kitchen, Inc. d/b/a Italian Kitchen v. Society Insurance

Venue: Nineteenth Judicial District – Lake County, Illinois



Rutter & Russin, LLC (Cleveland, Illinois)

Claim: Restaurant forced to shut down its business due to COVID-19. Prospective

denial.


Suspension: On March 15, 2020, Governor Pritzker issued an executive order which

banned on-premise consumption of food and beverages at restaurants. On

March 20, 2020, Governor Pritzker issued an executive order which

required the residents to stay at home and only leave for essential reasons.

Relief: DJ

Case Name: Mama Daluca Inc., d/b/a The Sedgwick Stop; Replay Andersonville Inc.,

Arco De Cuchilleros Inc d/b/a DS Fajita Factory; Sage Inc., d/b/a Basil Leaf

Café v. Society Insurance

Venue: Circuit Court of Cook County – Illinois, Chancery Division

Pltf Atty: Deratany & Kosner (Chicago, Illinois)

Claim: Restaurants and bars suffered business suspension due to COVID-19.

Prospective denial.


Contamination;

Suspension: On March 16, 2020 Governor Pritzker issued Executive Order 2020-07

which mandated bars and restaurants to stop offering on-premise

consumption of food and beverages.


Case Name: Sweet Berry Café, Inc. v. Society Insurance

Venue: Circuit Court of the Sixteenth Judicial District – Kane County, Illinois



Claim: Café forced to close due to COVID-19. Prospective denial.


Suspension: On March 15, 2020, Governor Pritzker issued an order closing all bars and

restaurants to in-person consumption.

Relief: DJ

Case Name: Eagle Eye Outfitters, Inc., v. The Cincinnati Casualty Company

Venue: USDC – Middle District of Alabama, Southern Division

Pltf Atty: Beasley, Allen, Crow, Methvin, Portis & Miles P.C. (Montgomery,

Alabama)


Claim: Independent outdoor lifestyle retailer forced to suspend normal business



exclusion

Suspension: On March 27, 2020, Alabama State Health officials issued a civil authority

requiring the closure of non-essential businesses.


Case Name: Auburn Depot LLC d/b/a The Depot v. The Cincinnati Insurance Company

Venue: USDC – Middle District of Alabama


Alabama)



Claim: Restaurant with wood-fired grill and bar, and the capacity to host private

events forced to suspend normal business operations due to COVID-19.

Prospective denial.


exclusion


authority order suspending all events and gatherings of 25 or more people.

This order also prohibited the consumption of food or drink on the premises

of any bar or restaurant.

Relief: DJ;

Case Name: Pear Tree Group, LLC d/b/a The Hound v. The Cincinnati Insurance

Company


Pltf Atty: Beasley, Allen, Crow, Methvin, Portis & Miles P.C. (Montgomery,

Alabama)



Claim: Family owned bar and restaurant with the capacity for private events forced

to suspend normal business operation due to COVID-19. Prospective

denial.


exclusion


authority order suspending all events and gatherings of 25 or more people.

This order also prohibited the consumption of food or drink on the premises

of any bar or restaurant.

Relief: DJ;

Case Name: Moe’s Original BBQ Hoover, LLC; Lakeview Oyster House, Inc., d/b/a

Moe’s Original BBQ Lakeview; Moe’s Original BBQ Birmingham, LLC;

and Moe’s Original BBQ Trussville, LLC v. The Cincinnati Insurance


Venue: USDC – Northern District of Alabama

Pltf Atty: Methvin, Terrell, Yancey, Stephens & Miller P.C. (Birmingham, Alabama)

Claim: Chain of restaurants forced to suspend their normal business operations due



exclusion;

Suspension: On March 19, 2020, the State Health Officer of Alabama issued an order

suspending public gatherings and prohibiting on premise consumption of

food and beverages at restaurants.


Case Name: Sneak & Dawdle, LLC d/b/a Sneak & Dawdle v. The Cincinnati Insurance

Company



Alabama)



Claim: Family owned speakeasy style bar and cocktail lounge offering private

events forced to suspend normal business operation due to COVID-19.

Prospective denial.


exclusion

Suspension: On March 19, 2020, the Alabama State Health Officer issued an executive

order which prohibited on premise consumption of food or drink at all

restaurants and bars.

Relief: DJ;

Case Name: Golden Flames Banquet & Ballroom, Inc., v. The Cincinnati Insurance

Company (National class action)

Venue: USDC – Southern District of Alabama, Southern Division


Claim: Banquet and special events facility forced to close due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Building and Personal Property; Business income;

No virus exclusion, only pollutant exclusion

Suspension: On March 27, 2020, Dr. Scott Harris, the Alabama State Health Officer

entered an order which ordered the closure of adult entertainment venues

and eating establishments.


Case Name: Mayssami Diamond, Inc. v. Travelers Casualty Insurance Company of

America

Venue: Superior Court for The State of California – County of San Diego

Pltf Atty: Bottini & Bottini, Inc. (La Jolla, California)

Claim: Jewelry retailer forced to close due to COVID-19. Prospective denial.

Coverage: Civil authority; Extra expense; Business income; Limited fungi, bacteria or

virus coverage

Suspension: On March 19, 2020, Governor Newsom issued Executive Order N-33-20

which directed all residents to stay home except as needed to obtain

essential things.

Relief: DJ; Breach of contract; Breach of Covenant of Good Faith and Fair Dealing;

Bad Faith;

Case Name: Saddleback Medical Management, Inc., v. Mid-Century Insurance

Company, Farmers Insurance Exchange, Fire Insurance Exchange, Truck

Insurance Exchange (National Class Action)

Venue: Superior Court of the State of California – County of Orange

Pltf Atty: Paynter Law LLP (Washington, D.C.

Claim: Medical/healthcare management business forced to suspend its normal

course of business due to COVID-19 and implement restricted and

staggered appointment times and sanitization stations. Prospective denial.

Coverage: All risk; Business income; Extra expense; Virus exclusion

Suspension: On March 19, 2020, Governor Newsom issued an executive order which

required residents to stay at their place of residence and only leave for

essential matters.


Case Name: Wellness eatery La Jolla LLC, Wellness Eatery Little Italy LLC and

Wellness Eatery Carmel Valley LLC v. The Hanover Insurance Group,

California Capital Insurance Co.

Venue: Superior Court for the State of California – County of San Diego

Pltf Atty: Bottini & Bottini, Inc. (La Jolla, California)

Claim: Successful café serving health conscious food forced to close due to


Coverage: Civil authority; Business income; Extra expense; Limited fungi, bacteria or

virus coverage

Suspension: On March 16, 2020 the California Department of Public Health issued an

order requiring the closure of in-person dining at restaurants. Following that

order, on March 19, 2020, Governor Newsom issued an Executive Order N-

33-20 that directed all residents to stay home unless going out to perform

essential business.

Relief: DJ; Breach of Contract; Breach of covenant of Good Faith; Bad Faith;

Case Name: Spaghettini, d/b/a Spaghettini Italian Grill v. Fireman’s Fund Insurance

Company

Venue: Superior Court for the State of California – County of Sonoma

Pltf Atty: Kerley Schaffer LLP (Oakland, California)

Claim: Restaurant who alleges thousands of people were in their restaurant in the

two weeks leading up to the closure order, forced to close due to COVID-

19 contamination. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Communicable

disease; No virus exclusion

Suspension: On March 18, 2020, the County Health Officer for Orange County,

California issued an order prohibiting all public and private gatherings. Also

contained in this order was guidance which limited food service operations

to take-out or drive-through only.

Relief: DJ; Bad Faith; Breach of Contract;

Case Name: The Gardener v. Ohio Security Insurance Company (National class action)




Claim: Retail store offering home and garden goods forced to close due to COVID-


Coverage: Civil authority; Business income; Virus exclusion

Suspension: On March 12, 2020, California Governor Newsom issued a directive

requiring residents to implement social distancing measures to stop the

spread of the Virus. On March 19, 2020, another order went into effect

which required the cessation of in-person retail operations.

Relief: DJ; Breach of Contract; Breach of implied covenant of Good Faith and Fair

Dealing

Case Name: Showa Hospitality, LLC and The Taco Stand Orange Corp., v. Sentinel

Insurance Company, Limited; The Hartford Fire Insurance Company; Russ

Insurance & Financial Services, Inc. d/b/a Pipeline Insurance Agency;

Happy Life Financial and Insurance Solutions, LLC

Venue: Superior Court of California – County of San Diego – Central Division

Pltf Atty: LiMandri & Jonna LLP (Rancho Santa Fe, California)

Claim: Hospitality and food culture development concept business with fast casual

dining restaurant forced to cease normal business operation due to COVID-


Coverage: Civil authority; business income; extra expense; No virus exclusion, limited

virus coverage; Pipeline markets itself to restaurants noting “if you

currently rely on property insurance you are protecting your assets,

but not the business itself. If there’s a business interruption or a

lawsuit, you need business insurance to ensure that you can keep going”

(¶11).

Suspension: On or about March 19, 2020, California Governor Newsom issued

Executive Order N-33-20 which ordered all individuals to stay at their place

of residence when not participating in essential critical infrastructure.

Relief: DJ; Breach of Contract; Breach of implied covenant of good faith and fair

dealing

Case Name: Red Barn Culinary Concepts, LLC v. Society Insurance, Inc.

Venue: Circuit Court of the Sixth Judicial Circuit – Macon County, Illinois

Pltf Atty: Featherstun, Gaumer, Stocks, Flynn & Eck, LLP (Decatur, Illinois)

Claim: Restaurant forced to suspend normal business operation due to COVID-19.

Prospective denial.

Coverage: Business income; Extra expense Contamination; No virus exclusion

Suspension: On March 14, 2020, the Governor of Illinois prohibited on premise dining

at restaurants.

Relief: DJ

Case Name: Chattanooga Professional Baseball LLC d/b/a Chattanooga Lookouts; Agon

Sports and Entertainment LLC; Boise Hospitality and Food Services LLC;

Boise Professional Baseball LLC; Columbia Concessions & Catering LLC;

Columbia Fireflies LLC d/b/a Columbia Fireflies; Eugene Emeralds

Baseball Club Inc. d/b/a Eugene Emeralds; Evans Street Baseball Inc. d/b/a

Binghamton Rumble Ponies; Fort Wayne Professional Baseball LLC d/b/a

Fort Wayne TinCaps; Fredericksburg Baseball LLC d/b/a Fredericksburg

Natinoals; Greenjackets Hospitality Food & Beverage Services LLC;

Greenville Drive LLC; Idaho Falls Baseball Club Inc. d/b/a Idaho Falls

Chukars; Inland Empire 66ers Baseball Club of San Bernadino Inc. d/b/a

Inland Empire 66ers; Panhandle Baseball Club Inc. d/b/a Amarillo Sod

Poodles; SAJ Baseball Club. d/b/a San Antonia Missions; 7th Inning Stretch

LLC d/b/a Stockton Ports; 7th Inning Stretch LP d/b/a Delmarva Shorebirds

v. Philadelphia Indemnity Insurance Co.; Acadia Insurance Co.; National

Casualty Co.; Scottsdale Indemnity Co.; Scottsdale Insurance Co.


Pltf Atty: McKool Smith, P.C. (New York, New York)

Mitchell Sandler LLC (Washington, DC)

McKool Smith, P.C. (Dallas, Texas)

Claim: Minor league baseball teams and associated businesses suffered the

cancellation of their 2020 season due to COVID-19. The MLB normally

provides players to the MiLB, which it is not doing this year. Prospective

denial.

Coverage: All risk; Business income; Extra expense; Pollutant coverage; No virus

exclusion

Suspension: Governmental authorities in each of the Plaintiff’s respective states have

issued stay-in-place orders for residents not performing essential activities.


Case Name: Treasure Island, LLC v. Affiliated FM Insurance Company


Pltf Atty: Messner Reeves LLP (Las Vegas, Nevada)

Hunton Andrews Kurth LLP (Washington, DC)

Hunton Andrews Kurth LLP (New York, New York)

Hunton Andrews Kurth LLP (Boston, Massachusetts)

Claim: Casino and resort forced to close due to COVID-19. Plaintiff argues that

their property was damaged by the presence of COVID-19. “Persons

infected with COVID-19 were present at Treasure Island prior to March 18,

2020. (¶32). Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Extra expense; Supply chain

coverage; Communicable disease – property damage coverage; No virus

exclusion

Suspension: On March 17, 2020, Governor Sisolak ordered all gaming activities to close.

Relief: DJ; Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing

Case Name: Hakkasan USA Inc., v. Endurance American Specialty Insurance Company;

Sompo International Holdings, Ltd., Willis of Arizona, Inc., and Willis

Towers Watson Insurance Services West, Inc.

Venue: District Court – Clark County, Nevada

Pltf Atty: Quinn Emanuel Urquhart & Sullivan, LLP (Los Angeles, California)

Quinn Emanuel Urquhart & Sullivan, LLP (Chicago, Illinois)

Santoro Whitmire (Las Vegas, Nevada)

Claim: Worldwide hospitality company operating restaurants, nightlife, and day

life brands forced to suspend normal business operations due to COVID-19.

Business loss began in February, 2020, with the cancellation of large events

and public lessening of travel. Plaintiffs allege that Defendant’s

attempted to issue a backdated endorsement reducing the limits of

insurance, without Plaintiff’s knowledge (¶10). Prospective denial.

Coverage: Business income; Special Time Element – Cancellation Coverage; No

virus exclusion

Suspension: Various governmental authorities requiring the closure of non-essential

business.

Relief: DJ; Breach of Contract; Contractual Breach of the Implied Covenant of

Good Faith and Fair Dealing; Civil conspiracy; Constructive Fraud;

Negligence

Case Name: Varanese Fusion, LLC v. Erie Insurance Exchange, Steven J. Stack, MD,

Eric B. Friedlander and Kerry B. Harvey

Venue: Commonwealth of Kentucky – Jefferson County Circuit Court

Pltf Atty: Simpson Dattilo, LLC (Chicago, Illinois)


David Bryant Law, PLLC (Louisville, Kentucky)

Bryant Law Center (Paducah, Kentucky)

Claim: Restaurant forced to limit service to off-site, due to COVID-19. Prospective

denial.

Coverage: Civil authority; Business income; No virus exclusion

Suspension: On March 16, 2020 the Kentucky Cabinet for Health and Family Services

issued a shutdown order which required the cessation of all on-site

consumption of food and beverage at restaurants.

Relief: DJ;

Case Name: Schroeder Publishing CO., Inc., v. Great Northern Insurance Company and

Chubb Group of Insurance Companies

Venue: Commonwealth of Kentucky – McCracken County Circuit Court




Claim: Publishing company that also holds quilting events in both Kentucky and

Tennessee forced to cease normal business operations due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business income; No virus exclusion;

Suspension: On or about March 25, 2020 the Governor of the Commonwealth of

Kentucky issued a shutdown order which required the closure of non-

essential business. A similar order was put into effect in Tennessee as well.

Relief: DJ;

Case Name: Carla Bradford d/b/a The Party Shop v. State Farm Fire & Casualty

Company

Venue: Commonwealth of Kentucky – McCracken County Circuit Court




Claim: Retail business selling party supplies forced to close due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business income; No virus exclusion

Suspension: On or about March 25, 2020, the Governor of the Commonwealth of

Kentucky issued a shutdown order.

Relief: DJ

Case Name: Signet Jewelers Ltd., and Sterling Jewelers Inc. v. Steadfast Insurance

Company

Venue: Civil District Court for the Parish of Orleans – State of Louisiana

Pltf Atty: Flanagan Partners, LLP (New Orleans, Louisiana)

Mckool Smith, P.C. (New York, New York)

Claim: World’s largest retailer of diamond jewelry operating household names like

Kay, Zales and Jared forced to close all their 2,750 stores in North America

due to COVID-19. Specifically, all 40 stores in Louisiana were affected.

Prospective denial.

Coverage: Civil or military authority; Property damage; Gross earnings;

Ingress/Egress; Contamination exclusion; No virus exclusion

Suspension: On April 2, 2020 Louisiana Governor John Bel Edwards signed an

statewide order that required the closure of all non-essential businesses.


Case Name: Sika Investments, LLC v. RLI Corp. d/b/a Mt. Hawley Insurance Company;

EI Investments, Inc.; Marsh & McLennan Agency, LLC; ARI Underwriters,

Inc.; ABC Insurance Company; DEF Insurance Company; and XYZ

Insurance Company

Venue: State of Louisiana – 24th Judicial District – Parish of Jefferson

Pltf Atty: Sher Garner Cahill Richter Klein & Hilbert, L.L.C. (New Orleans,

Louisiana)

Claim: Retail shopping center and 79 room Microtel Inn & Suites forced to suspend

normal business operations and suffer business loss due to COVID-19.

Prospective denial.

Coverage: Civil authority; Extra expense; Business income; No virus exclusion

Suspension: Civil authority orders requiring residents to stay home and only preform

essential business.

Relief: Bad faith; Breach of contract

Case Name: Captain Skrip’s Office LLC v. Conifer Holdings, Inc. (National class

action)

Venue: USDC, Eastern District of Michigan

Pltf Atty: Barbat Mansour Suciu & Tomina PLLC (Bloomfield Hills, Michigan)


Claim: Family owned restaurant forced to close due to COVID-19. Prospective

denial.


Suspension: On March 21, 2020, Governor Whitmer ordered the closure of non-essential

business. On March 23, 2020, a stay-at-home order went into effect.

Relief: Breach of Contract; Breach of Duty of Good Faith and Fair Dealing

Case Name: Sea Land Air Travel Service, Inc. d/b/a Sea Land Air Travel v. Auto-

Owners Insurance Company (National Class Action)

Venue: State of Michigan – Third Judicial Circuit Court, County of Wayne, Civil

Division



Kirk, Huth, Lange & Badalamenti, PLC (Clinton Township, Michigan)

Claim: Family owned, and operated travel agency suffered business loss due to


Coverage: All risk; Business income; Extra expense; No virus exclusion;

Suspension: On March 24, 2020, the Governor of Michigan issued a stay-at-home order

requiring the closure of non-essential business.


Case Name: Salon XL Color & Design Group, LLC v. West Bend Mutual Insurance

Company

Venue: State of Michigan – Circuit Court for the County of Washtenaw

Pltf Atty: Hooper Hathaway, P.C. (Ann Arbor, Michigan)

Claim: Hair salon forced to close due to COVID-19. Prospective denial.

Coverage: Civil authority; Business losses “resulting from a temporary shutdown by a

government order due to a communicable disease” (¶2); Business income;

Extra expense; Virus and bacteria exclusion;

Suspension: On March 21, 2020, Governor Whitmer issued Executive Order 2020-20

which required hair salons and other non-essential business to close to the

public.


Case Name: Inspired Concepts, LLC, and KJ Endeavors LLC v. Certain Underwriters of

Lloyd’s of London

Venue: USDC – Eastern District of Michigan





Alabama)

Claim: Restaurants suffered business losses and closed their doors due to the

COVID-19 pandemic and state and local orders. Prospective denial.



Suspension: On March 23, 2020, Governor Whitmer issued a stay-at-home order and

closed all non-essential business.

Relief: DJ

Case Name: MMMMM DP, LLC, d/b/a Sugo’s Spaghetteria and MMMMM DP3, LLC,

d/b/a Babbo’s Spaghetteria and Via Vino Enoteca v. The Cincinnati

Insurance Company, The Cincinnati Casualty Company, The Cincinnati

Indemnity Company, Cincinnati Financial Corporation, St. Louis County,

Sam Page M.D., in his official capacity and Emily Doucette, M.D., in her

official capacity

Venue: Circuit Court of St. Louis County – State of Missouri

Pltf Atty: Elias LLC (St. Louis, Missouri)

Claim: Restaurants suffered business suspension due to COVID-19. Prospective

denial.


exclusion;

Suspension: On March 20, 2020, County Executive Page issued Executive Order No. 13

which closed restaurants for on-premise consumption.

Relief: DJ

Case Name: Seoul Taco Holdings, LLC; Seoul Taco LLC; Seoul Taco STL LLC; Seoul

Taco Chesterfield LLC; Seoul Taco Columbia LLC; Seoul Taco Chicago

LLC; Seoul Taco Hyde Park LLC; Seoul Taco Naperville LLC; Seoul Taco

Food Trucks LLC v. The Cincinnati Insurance Company, The Cincinnati

Casualty Company, The Cincinnati Indemnity Company, Cincinnati

Financial Corporation, The City of St. Louis and Frederick Echols, MD, in

his official capacity

Venue: 22nd Judicial Circuit Court – St. Louis City, Missouri

Pltf Atty: Elias LLC (St. Louis, Missouri)

Claim: Restaurants forced to close to in-person dining due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 18, 2020, Director Echols issued Health Commissioner’s Order

No. 3 which forbid all restaurants and bars from providing in-person

consumption. Similar orders were issued in all of Plaintiff’s restaurant

locations.

Relief: DJ

Case Name: Club 31 Sports Bar & Lounge, LLC a/k/a Club 31 Sports Bar & Grill v.

Mesa Underwriters Specialty Insurance Company (National Class Action)






Claim: Restaurant and sports bar featuring live entertainment forced to greatly

reduce its operations due to COVID-19. Prospective denial.


No virus exclusion;

Suspension: All locations where Plaintiff’s operate businesses have issued “stay at

home” orders, as well as the suspension of in-person dining and drinking.


Case Name: K.C. Hopps, Ltd. v. The Cincinnati Insurance Company


Pltf Atty: Miller Schirger LLC (Kansas City, Missouri)




Claim: Owner of bars, restaurants, catering services and event spaces forced to

close or greatly reduce business operations due to COVID-19. Prospective

denial.


interruption; No virus exclusion;

Suspension: Stay-at-home orders were put into effect in all locations where Plaintiff has

businesses.


Case Name: Wagner Shoes, LLC v. Auto-Owners Insurance Company

Venue: USDC – Northern District of Alabama – Western Division

Pltf Atty: Prince Glover Hayes (Tuscaloosa, Alabama)

Colquett Law LLC (Birmingham, Alabama)

Claim: Retail children’s shoe store ordered to close due to COVID-19. Prospective

denial.

Coverage: All risk; Business Income; Extra Expense; No virus exclusion

Suspension: On March 26, 2020, Mayor Walt Maddox ordered the closure of all non-

essential businesses and services.


Case Name: Monarch Casino & Resort, Inc., v. Affiliated FM Insurance Company

Venue: USDC – District of Colorado

Pltf Atty: Levin Sitcoff PC (Reno, Nevada)

Claim: Casino resort forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra Expense; Communicable disease coverage

(complaint notes “the Policy does not require blood or antibody testing

of employees or patrons at an insured location to establish the “actual

presence” or a communicable disease (¶112); No virus exclusion. “A

virus cannot be an excluded “contaminant” and a covered “communicable

disease” (¶125).

Suspension: Public Health Order 20-22 went into effect in Colorado, requiring the

closure of non-essential businesses.


Case Name: Shorty’s Inc., v. Western World Insurance Company




Claim: Operator of restaurants in Miami-Dade County suffering business loss due

to COVID-19. Florida Prospective denial.


exclusion;

Suspension: On March 20, 2020, Governor DeSantis issued Executive Order 20-70

which closed restaurants other than for deliveries and takeout.


Case Name: F and S Gourmet v. Covington Specialty Insurance Company




Claim: Restaurant forced to suspend full business operations due to COVID-19.

Prospective denial.


exclusion;


which closed all restaurants other than for deliveries and takeout.


Case Name: Station Two, LLC d/b/a Firehouse Grill, Station Two, LLC d/b/a Casa

Fuego Tacos, Station Two, LLC d/b/a Etown Burger, Station Two, LLC,

d/b/a Stix n Stuff, 7452 North Western Avenue, Inc., d/b/a Candlelite Café,

7452 North Western Avenue, Inc., d/b/a Candlelite Pizza, 7452 North

Western Avenue, Inc., d/b/a Candlelite Chicago, 7452 North Western

Avenue, Inc., d/b/a Candlelite Evanston, 7452 North Western Avenue, Inc.,

d/b/a Chi Burger and 7452 North Western Avenue, Inc., d/b/a Candlelite

Restaurant v. Society Insurance Company

Venue: Circuit Court of Cook County, Illinois County Department – Law Division

Pltf Atty: Konicek & Dillon, P.C. (Geneva, Illinois)

Claim: Restaurants forced to cease operations due to COVID-19. Prospective

denial.


Suspension: On March 15, 2020, Governor Pritzker issued an order which closed all bars

and restaurants until March 30, 2020. This order was eventually extended.


Case Name: Chief of Staff LLC v. Hiscox Insurance Company Inc. (National Class

Action)

Venue: USDC – Northern District of Illinois – Eastern District

Pltf Atty: Robbins Geller Rudman & Dowd LLP (Boca Raton, Florida)

Robbins Geller Rudman & Dowd LLP (Chicago, Illinois)




Claim: Hospitality support agency suffered business loss due to governmental

orders surrounding COVID-19. Prospective denial.



which mandated the closure of businesses that offer food and beverage

consumption to on-premise consumption.


Case Name: Purple Pig Cheese Bar & Pork Store, LLC d/b/a The Purple Pig v. Society

Insurance


Pltf Atty: Clifford Law Offices, P.D. (Chicago, Illinois)

Claim: Gastropub and restaurant forced to cease operations due to COVID-19.

Prospective denial.


exclusion;


restaurants and bars.


Case Name: Byberry Services and Solutions, LLC d/b/a Snap Fitness, JA Fitness 1, LLC

d/b/a Snap Fitness, and JA Fitness 2, LLC d/b/a Snap Fitness v. Mt. Hawley


Venue: USDC – Northern District of Illinois

Pltf Atty: DiCello Levitt Gutzler LLC (Chicago, Illinois)

DiCello Levitt Gutzler LLC (Mentor, Ohio)

Saltz Mongeluzzi & Bendesky, P.C. (Philadelphia, Pennsylvania)

Saltz Mongeluzzi & Bendesky, P.C. (Horsham, Pennsylvania)




Claim: Gym and health and fitness centers forced to close due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 16, 2020, Governor Murphy of New Jersey ordered the closure

of all gyms and health/fitness centers in the state. Plaintiff’s locations in

Ohio came under similar closure orders.


Case Name: Jerry’s Sandwiches Av, LLC and Jerry’s Sandwiches LS, LLC v. Erie

Insurance Company


Pltf Atty: Agruss Law Firm, LLC (Chicago, Illinois)


Coverage: All risk; Civil authority; Business income; Extra Expense; No virus

exclusion

Suspension: On March 16, 2020, Governor Pritzker issued Executive Order No.7 which

suspended on-premise consumption of food or beverages at restaurants.


Case Name: J&L Pack, Inc., d/b/a Play It Again Sports, Bass Enterprises, Inc., d/b/a Play

It Again Sports, Northern Lights Trading Company, d/b/a Play It Again

Sports, Carte Sports, Inc., d/b/a Play It Again Sports, BRJ Enterprises, LLC

d/b/a Play It Again Sports, Early Sports, LLC, d/b/a Play It Again Sports,

LRS Sports, Inc., d/b/a Play It Again Sports v. Nova Casualty Company



Claim: Franchise which operates retail sports equipment and apparel stores forced

to close due to COVID-19. Prospective denial.


Suspension: In the month of March 2020, officials in states that operate these retail stores

ordered the closure of all non-essential business by issuing executive orders.


Case Name: Erik Taube, DMD, DBA Taube Family Dental v. Hartford Financial

Services Group Inc, DBA The Hartford, and Twin City Fire Insurance


Venue: USDC – Southern District of Illinois

Pltf Atty: Goldenberg Heller & Antognoli, P.C. (Edwardsville, Illinois)

Law Office of Richard S. Cornfeld, LLC (St. Louis, Missouri)

The Bruning Law Firm, LLC (St. Louis, Missouri)

Claim: Dental practice forced to suspend normal business operations due to

COVID-19. Plaintiff is also experiencing the effects of PPE shortage, and

will struggle to reopen. Prospective denial.

Coverage: Business interruption; Extra expense; Virus exclusion;

Suspension: On March 17, 2020, the State of Illinois asked dental offices to postpone

elective procedures, surgeries and non-urgent visits.


Case Name: Crescent Plaza Hotel Owner, L.P., v, Zurich American Insurance Company


Venue: USDC – Northern District of Illinois





Claim: Company that owns The Ritz-Carlton in Dallas (a subsidiary of Marriott

International, who is the named insured for the policy), a five-star hotel,

containing famous restaurants and a luxury spa and event spaces and

wedding venues suffered major business loss due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business Income; Extra expense; Protection and

Preservation of Property; Cancellation of Bookings “for losses due to “the

cancellation of, and/or inability to accept bookings or reservations” as

a direct result of, among other reasons, “outbreak of contagious and/or

infectious disease as well as restrictive guidance or travel advisories

placed on a region or area” by the Centers for Disease Control and

Prevention (“CDC”), the World Health Organization (“WHO”) or

other “comparable authority”)” (¶14); No virus exclusion;

Suspension: The CDC advised travelers to stay home as much as possible. “Staying in

temporary accommodations (hotels, motels, and rental properties) may

expose you to the virus through person-to-person contact and possibly

through contact with contaminated surfaces and objects” (¶55). The State

of Texas issued various executive orders which required residents to stay at

home as much as possible and imposing a mandatory 14-day self-quarantine

flying to Texas from certain states.


Case Name: RJH Management Corp. d/b/a Golden Corral, v. Certain Underwriters at

Lloyds (National Class Action)

Venue: USDC – Central District of Illinois

Pltf Atty: Sterling & Slater, P.C. (Chicago, Illinois)

Woodward Law Offices, LLP (Merrillville, Indiana)

Claim: Franchisee of Golden Corral family style buffed restaurant forced to close

due to COVID-19. Prospective denial. “Defendants denied Plaintiff’s claim

on the purported grounds that SARS-CoV-2 is not the same pathogen as

SARS, or a mutation or variation of it” (¶47).

Coverage: Business interruption; Extra expense; Pandemic endorsement “this

endorsement was designed to provide business interruption and extra

expense coverage for a pandemic event when the insured’s location was

closed “whether individually or as part of an area wide multi-business shut

down” (¶21); No virus exclusion;


which required people to stay home unless partaking in essential business.

Food service establishments were prohibited from offering on-premise

consumption of food and beverages.


Case Name: America’s Kids, LLC v. Zurich American Insurance Company (National

Class Action)




Claim: Family-owned business enterprise that operates 18 children’s retail

operations forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Microorganism

coverage, which is defined to include “virus”

Suspension: Each location (NY, NJ, IL, PA, D.C., MD) where Plaintiff has an insured

premise enacted a civil authority order which closed all non-essential

businesses, including Plaintiff’s.


Case Name: Amini Brothers, LLC, Amini Family, LLC, and Bella Jewelry, LLC v. The

Cincinnati Insurance Company, Sentinel Insurance Company, Limited, dba

The Hartford, and Scott A. Lopez

Venue: State of New Mexico, County of Santa Fe, First Judicial District Court

Pltf Atty: Bauman & Dow, P.C. (Albuquerque, New Mexico)

Claim: Building owners suffered business loss to their retail locations due to a

massive increase in tourism because of COVID-19. Prospective denial.

Coverage: Business income; Extra expense; Civil authority; No virus exclusion

Suspension: On March 23, 2020, the Governor of the State of New Mexico issued

Executive Order 2020-004 which closed all non-essential businesses.

Relief: DJ; Breach of Good Faith and Fair Dealing

Case Name: Siegel & Siegel, P.C., and Siegel Law Group, P.C., v. Hartford Casualty



Pltf Atty: Kaplan Gore LLP (New York, New York)




Claim: Law firm forced to greatly reduce, and at times, completely halt its

operations due to COVID-19. “There have been multiple confirmed cases

of COVID-19 within the building in which Plaintiffs operate their law firm”



exclusion;

Suspension: On March 22, 2020, the Governor of New York issued an order requiring

the closure of all non-essential businesses to close and all non-essential

members of the work force to stay home.


Case Name: Kpokos, Inc., Kpokos Three, Inc., Kpokos IV, Inc., Kpokos V, Inc., Kpokos

VI, Inc., Kpokos IX, Inc., Kpokos, X, Inc., Kpokos XII, Inc., Kpokos XIII,

Inc., Kpokos XIV, Inc., Kpokos XV, Inc., all Illinois Corporations and d/b/a

Yolk Restaurant, and Burgundy Restaurant, Inc., d/b/a The Burgundy

Restaurant, an Illinois Corporation v. Society Insurance Inc. (National Class

Action)

Venue: Circuit Court of Cook County, Illinois – County Department – Chancery

Division

Pltf Atty: Argionis & Associates, LLC (Chicago, Illinois)

Claim: Restaurant owners suffered major business loss and loss of employees due



exclusion;


which required that all restaurants close to the public for in-person dining.

Relief: DJ; Breach of Contract; Bad Faith Denial

Case Name: Kennedy Hodges & Associates LTD., LLP, d/b/a Kennedy Hodges, LLP,

and Three Commas, LLC v. The Hartford and Twin City Fire Insurance



Pltf Atty: Izard, Kindall & Raabe, LLP (West Hartford, Connecticut)

Carlson Lynch LLP (Pittsburgh, Pennsylvania)

Claim: Legal business forced to temporarily suspend business due to COVID-19.

Prospective denial.


Suspension: On March 31, 2020, Governor Abbott issued an Executive Order which

requires individuals to stay home except for when they are participating in

essential activities.


Case Name: Andres Bustillo, M.D., an individual and medical professional, v. Twin City

Fire Insurance Company

Venue: Circuit Court of the 11th Judicial District – Miami-Dade County, Florida



Claim: Medical professional practicing cosmetic surgery forced to suspend



exclusion;

Suspension: On March 19, 2020, Miami-Dade Mayor Carlos Gimenez issued Executive

Order 7-20 which extended the state of county-wide emergency. Non-

essential businesses were ordered to close.


Case Name: ODH International, Inc., d/b/a Madfish v. Scottsdale Insurance Company

Venue: Circuit Court of the 6th Judicial District – Pinellas County, Florida

Pltf Atty: Kozyak Tropin & Throckmortion LLP (Coral Gables, Florida)


Claim: Restaurant forced to suspend full business operation due to COVID-19.

Prospective denial.


exclusion;

Suspension: At various points in March 2020, the Governor of Florida issued Executive

Orders which closed all non-essential business to the public.


Case Name: B&G, P.T.L Enterprises, Inc, v. Depositors Insurance Company

Venue: Circuit Court of the 17th Judicial District – Broward County, Florida



Claim: Wholesale distribution of perishable and non-perishable goods to the travel

and leisure industry suffered major business loss due to COVID-19.

Prospective denial.


exclusion;

Suspension: Various officials enacted orders which closed non-essential businesses and

prohibited access to the hotels and other businesses who purchase Plaintiff’s

products.


Case Name: Salon Euro Inc d/b/a Salon 2000 v. Hartford Casualty Insurance Company

Venue: Circuit Court of the Fourth Judicial Circuit – Clay County, Florida

Pltf Atty: The Bush Law Group, L.L.C. (Jacksonville, Florida)


Coverage: All risk; Civil authority; Business income; Virus exclusion;

Suspension: On April 1, 2020, Governor Ron Desantis issued Executive Order 20-91

which ordered the closure of all non-essential business.


Case Name: Sun Cuisine, LLC d/b/a Zest Restaurant and Market v. Certain Underwriters

at Lloyd’s London (National Class Action)




Claim: Restaurant and related food and beverage operation forced to severely

curtail business operations due to COVID-19. Prospective denial.


exclusion;

Suspension: Governor Ron DeSantis issued an Executive Order which closed restaurants

and bars for in-person dining. Delivery is the only option permitted.

Relief: DJ; Anticipatory Breach of Contract

Case Name: Richard Kahn and Aark Enterprise LLC d/b/a Mauldin’s v. Pennsylvania

National Mutual Casualty Insurance Company (National Class Action)

Venue: USDC – Middle District of Pennsylvania


Pennsylvania)


Claim: Restaurant forced to suspend business due to COVID-19. It is likely that

Plaintiff will not be able to sustain his lease or operate his restaurant ever

again (¶29). “Recently, the Pennsylvania Supreme Court agreed, finding

that COVID-19 fit the Pennsylvania Emergency Code’s definition of a

“natural disaster” because like a hurricane or flood, it has involved

“substantial damage to property, hardship, suffering or possible loss of life”



Suspension: On April 6, 2020, Governor McMaster issued a statewide “home or work”

order which was applicable to essential business only.

Relief: Breach of Contract; Breach of Duty of Good Faith and Fair Dealing

Case Name: Oral Surgeons, P.C. v. The Cincinnati Insurance Company


Pltf Atty: Peddicord Wharton, LLP (West Des Moines, Iowa)

Claim: Oral & Maxillofacial Surgery centers forced to cease all “non-emergency”

services due to COVID-19. Prospective denial.


Suspension: On March 26, 2020, the State of Iowa issued an order which restricted the

performance of any dental procedures other than emergency.


Case Name: Jesse’s Embers, LLC, d/b/a Jesse’s Embers v. Western Agricultural

Insurance Company, d/b/a Farm Bureau Financial Services



Claim: Restaurant forced to reduce service to carry-out only due to COVID-19.

Prospective denial.


Suspension: On March 17, 2020, Governor Reynolds issued an order that required the

closure of bars and restaurants throughout the state.

Relief: DJ; Breach of Contract; Conduct of Bad Faith

Case Name: Kutest Kids Early Intervention Co., v. Liberty Mutual Insurance Company

and Ohio Security Insurance Company


Pltf Atty: Zilberberg Einhorn Karpel, P.C. (Syosset, New York)

Claim: Treatment and service provider to developmentally delayed children forced

to close due to COVID-19. Some families have opted in for tele-services,

but most have cancelled. Prospective denial.


Suspension: On March 16, 2020, Pennsylvania state and local authorities issued orders

mandating Plaintiff to close its business.


Case Name: Pakachoag Acres Day Care Center, Inc. v. Philadelphia Indemnity

Insurance Company


Pltf Atty: KJC Law Firm, LLC (Boston, Massachusetts)

Claim: Daycare centers forced to close due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 23, 2020, Governor Baker announced a stay-at-home order that

required the closure of non-essential businesses.

Relief: Breach of Contract; Breach of Covenant of Good Faith

Case Name: Richard Kirsch, DDS v. Aspen American Insurance Company (National

Class Action)

Venue: State of Michigan – 3rd Judicial Circuit County of Wayne

Pltf Atty: Fink Bressack (Bloomfield Hills, Michigan)

Claim: Dental practitioner forced to suspend all non-emergency visits and


Coverage: All risk; Civil authority; Business income; Extra expense; Building, Blanket

Dental Practice Personal Property and Income coverage; No virus

exclusion;

Suspension: On March 23, 2020, Governor Whitmer issued Executive Order 2020-17

which ordered residents to stay at home and limited any medical or dental

treatment to emergency only. On May 26, 2020, the Governor issued

Executive Order 2020-96 which permitted non-emergency procedures to

begin again as of May 29, 2020.


Case Name: Lowertown Café LLC d/b/a Handsome Hog v. Midwest Mutual Family

Insurance Company

Venue: Second Judicial Court, County of Ramsey District Court – State of

Minnesota

Pltf Atty: HKM, P.A. (St. Paul, Minnesota)

Claim: Restaurant forced to suspend normal business operations due to COVID-


Coverage: Business personal property; No virus exclusion;

Suspension: On March 16, 2020, Governor Walz issued Executive Order 20-04 which

prevented bars and restaurants from offering any in-person dining, but

rather limited them to delivery and carry out only.


Case Name: Lowry Kitchen and Bar LLC d/b/a Gray Duck Tavern v. Midwest Mutual

Family Insurance Company

Venue: Second Judicial District – County of Ramsey District Court – State of

Minnesota


Claim: Restaurant suffered loss of business due to COVID-19. They shut down

operations and did not re-open until outdoor dining was permitted on June

1, 2020. Prospective denial.

Coverage: Business income; Business personal property; No virus exclusion;


prohibited dine-in service at bars and restaurants. Delivery and carry-out

options were the only service Plaintiff could offer.


Case Name: Mark W. Rossi v. Arch Insurance Company (National Class Action)

Venue: USDC – Western District of Missouri, Western Division

Pltf Atty: Miller Schirger, LLC (Kansas City, Missouri)


Claim: Ski Pass insurance owners who purchased an “Ikon Pass” which granted

them access to mountain resorts in the Ikon network suffered loss due to the

closure of ski resorts as a result of COVID-19. Prospective denial.

Coverage: Season Pass Interruption; Unforeseen events coverage; Other covered

events coverage, meaning “you being hijacked, quarantined” (¶27). The

term “quarantine” is not expressly defined in the policy. No virus exclusion;

Suspension: On March 14, 2020, the Governor of Colorado issued Executive Order D

2020 004 which ordered the closure of downhill ski resorts.


Case Name: Monday Restaurants LLC v. Defendant Intrepid Insurance Company d/b/a

Intrepid Direct Insurance and W.R. Berkley Corporation (National Class

Action)

Venue: USDC – Eastern District of Missouri, Eastern Division

Pltf Atty: Law office of Richard S. Cornfeld, LLC (St. Louis, Missouri)

The Bruning Law Firm (St. Louis, Missouri)


Claim: Franchise Restaurant operators suffered business loss due to COVID-19.

Prospective denial.


Suspension: On March 17, 2020, Governor Parson advised residents to avoid eating or

drinking at bars and restaurants. On April 3, 2020, the State of Missouri put

a “stay at home” order in place.

Relief: Breach of Contract; Breach of Covenant of Good Faith

Case Name: RPR Enterprises, Inc., d/b/a Topsy’s Popcorn & Ice Cream; Topsy’s

International, Inc.; Rammkerr, Inc.; and Big Top, LLC d/b/a Brookside

Party Warehouse v. Continental Western Group, LLC and Union Insurance


Venue: USDC – District of Kansas





Claim: Popcorn and Ice Cream shops with a retail component of holiday and party

wares forced to greatly reduce and/or completely halt their operations due


Coverage: All risk; Civil authority; Business income; Extra Expense; No virus

exclusion; On April 27, 2020, Defendant sent Plaintiffs a letter

informing them that a “Virus or Bacteria Exclusion” would be added

to Plaintiffs’ future commercial property policy. . . more specifically

excluded to clarify that there is no intent for coverage” (¶65).

Suspension: On March 28, 2020, the Governor of Kansas issued an executive order

establishing a statewide “stay-home” order when not performing essential

functions.


Case Name: The Marathon Grill, Inc.; Marathon Grill Associates LP; 4 Delicious LP;

1818 Marathon Street Marathon Grill Inc; 1818 Marathon Street Marathon

Grill Associates, LP; 16th Street Marathon Grill Inc.; 16th Street Marathon

Grill Associates, LP; 1340 Chestnut Street Marathon Grill Associates; 1340

Chestnut Street Marathon Grill Inc.; Rittenhouse Grill, Inc.; Rittenhouse

Grill Assoc. LP; Two Commerce Square Marathon Grill Inc; Jay & Sheryl

Borish; Two Commerce Square Marathon Grill Assoc LLP; Marathon Grill

TJU LLC; Marathon Grill TJU Assoc LP; Marathon Grill Rittenhouse

Square LP; Cary & Jon Borish Hamilton Village Marathon Grill LP;

Hamilton Village Marathon Grill Assoc; Marathon Grill Associates LLC;

Marathon Love Philadelphia Inc.; Marathon Grill d/b/a Marathon on the

Square; Marathon Food Group Inc; Marathon Grill Rittenhouse Square Inc.;

v. State Automobile Mutual Insurance Company and State Auto Insurance

Companies (National Class Action)


Pltf Atty: The Kancher Law Firm, L.L.C. (Cherry Hill, New Jersey)

Claim: Owners and operators of restaurants forced to shut their restaurants and

cease business due to COVID-19. Prospective denial.

Coverage: Business income; Extra expense; Civil authority; No virus exclusion;

Suspension: On March 6, 2019, the Governor of Pennsylvania, Tom Wolf, issued a

Proclamation of Disaster Emergency which ordered the suspension of

normal business operation of non-essential business.

Relief: DJ; Breach of Insurance Contract; Bad Faith

Case Name: Madison Eagle Street Grille, LLC d/b/a Eagle Street Grill v. Midwest

Mutual Family Insurance Company

Venue: State of Minnesota – County of Ramsey – District Court, Second Judicial

District

Pltf Atty: HKM Law Group (St. Paul, Minnesota)

Claim: Restaurant fully suspended operations and suffered expired food inventory


Coverage: Business income; No virus exclusion;

Suspension: On March 16, 2020 the Governor issued Executive Order 20-04 which

prevented bars and restaurants from offering dine-in service and limited to

delivery and carryout service. On June 10, 2020 the limitations in the order

were replaced by Executive Order 20-74 which permitted in-person dining,

reduced by half normal capacity.


Case Name: Louis G. Orsatti, DDS, P.C. v. Allstate Insurance Company and Blessing

Sefofo Wonyaku

Venue: USDC – Bexar County, Texas


Claim: Dentist forced to suspend all non-emergency operations due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Loss due to virus

or bacteria; “Allstate ignores the fact that the exclusion applies only where

a virus is fully realized and actual cause of loss. It does not state that it

applies to a loss caused by the need to prevent against the threat of viral

transmission or fear of virus” (¶17).

Suspension: Beginning on March 20, 2020, Plaintiff was forced to close their business

to all non-emergency procedures due to governmental orders.

Relief: Breach of Contract; Breach of the Duty of Good Faith

Case Name: La-Vera Party Center, Inc. and La-Vera Express Catering, LLC and La-

Vera Wholesale, LLC and La-Cava, Inc. v. Westfield Insurance Company

Venue: Court of Common Pleas, Lake County, Ohio

Pltf Atty: SBC Global (Cleveland, Ohio)

Claim: Party center operating a food catering company, wholesale food seller and

real estate holding operation suffered major business loss and was forced to

close due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 23, 2020, Ohio Civil Authority issued a stay at home order and

closed all non-essential business.


Case Name: Landerhaven Dental Associates, Joseph R. Leon, DMD, Inc. v. The

Cincinnati Insurance Company


Pltf Atty: Weisman Law (Cleveland, Ohio)

Plevin & Gallucci (Cleveland, Ohio)

Bashein Law (Cleveland, Ohio)



Suspension: On March 22, 2020, a stay-at-home order was issued for the State of Ohio

which closed all non-essential business.


Case Name: Jeffrey M. Dressel, D.D.S., P.C. d/b/a South Brooklyn Dentist v. Hartford

Insurance Company of the Midwest, Inc.


Pltf Atty: Pinilishalpern, LLP (Morristown, New Jersey)

The Casas Law Firm, P.C. (New York, New York)



exclusion;

Suspension: On March 22, 2020, Governor Cuomo executed Executive Order 202.6

which prohibited Plaintiff’s business from operating.


Case Name: i2i Optique LLC v. CNA







Alabama)

Claim: Optical goods store forced to close due to COVID-19. Prospective denial.


No virus exclusion;

Suspension: On March 30, 2020, Governor Ducey issued Order 2020-18 which

mandated the cessation of in-person business at non-essential business, such

as Plaintiff’s.

Relief: DJ

Case Name: Flower Sisters LLC d/b/a Kidspark v. Great American Insurance Company

d/b/a Great American Insurance Group (National Class Action)


Pltf Atty: Greg Coleman Law PC (Los Angeles, California)

Greg Coleman Law PC (Knoxville, Tennessee)

Claim: Childcare and preschool center forced to curtail its services due to COVID-


Coverage: All risk; Civil authority; Business income; Extra expense; Communicable

disease coverage; Virus exclusion;

Suspension: On April 1, 2020, Riverside County ordered all preschools to be closed and

ordered all daycares to limit children to 12 per room (¶28). Plaintiff

ceased all operations on March 18, 2020 and resumed minimal operation on

June 1, 2020.


Case Name: Fitzgeralds LLC d/b/a The Fitz v. Midwest Mutual Family Insurance

Company

Venue: State of Minnesota, County of Ramsey – District Court, Second Judicial

District


Claim: Restaurant suffered business income loss due to COVID-19. Prospective

denial.

Coverage: Business income; Business personal property; No virus exclusion

Suspension: On March 16, 2020, the Governor issued Executive Order 20-04 which

prevented bars and restaurants from offering dine-in service, and only

allowing delivery and carryout.


Case Name: Elite Union Installations, LLC v. National Fire Insurance Company of

Hartford


Pltf Atty: Daniel P. Buttafuoco & Associates, PLLC (Woodbury, New York)




Alabama)

Claim: Office project and furniture installation and maintenance company forced

to close due to COVID-19. Initially, Plaintiff was able to continue working

on construction projects which were deemed essential, but once the

essential construction lessened, business closed. Prospective denial.


Extra expense; Contamination coverage; Fungi, wet rot, dry rot and microbe

exclusion; No virus exclusion

Suspension: On March 20, 2020, Governor Cuomo issued a stay-at-home order that

required all non-essential workers to stay home, and an order followed on

March 23, 2020 which required the closure of non-essential business.

Relief: DJ

Case Name: Eastside Metals LLC and Westside Metals LLC v. The Cincinnati Insurance

Company

Venue: Court of Common Please – Cuyahoga County, Ohio

Pltf Atty: Weisman, Kennedy & Berris Co., L.P.A. (Cleveland, Ohio)


Bashein & Bashein Co., L.P.A. (Cleveland, Ohio)

Claim: Retailing, processing and recycling of scrap metal operation forced to close

their scrap metal business. Prospective denial.


Suspension: On or about March 22, 2020, a stay-at-home order went into effect which

mandated the closure of all non-essential business.


Case Name: Don Strange of Texas, Inc. v. Cincinnati Insurance Company and Johnathan

Andrew Malish

Venue: District Court – 224th Judicial District, Bexar County, Texas

Pltf Atty: Parson Legal, P.C. (San Antonio, Texas)

Claim: Full-service catering and event-management business forced to suspend

business operations due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 19, 2020, Governor Abbott issued a Public Health Disaster

Declaration and Executive Order that prohibited residents from gathering in

groups of more than ten people and required Plaintiff to close its business

and cancel scheduled events.

Relief: DJ; Breach of Contract; Common Law Bad Faith

Case Name: Dante Ristorante LLC, Banca Forno, LLC, Dante’s Inferno LLC and Vino

Vin LLC v. The Cincinnati Insurance Company


Pltf Atty: Weisman, Kennedy & Berris Co., L.P.A. (Cleveland, Ohio)



Claim: Restaurant forced to close for business due to COVID-19. Prospective

denial.


Suspension: On March 15, 2020, Dr. Amy Action, Director of Health for the State of

Ohio issued an order which food and beverage on-site service, and

mandated off-site carry-out and delivery only.


Case Name: Creative Restaurants, Inc. d//a Blues Hall Dining Room d/b/a Rum Boogie

Café v. Covington Specialty Insurance Company, Rsui Indemnity

Company, and Alleghany Insurance Holdings, LLC (National Class Action)

Venue: USDC – Western District of Tennessee, Western Division

Pltf Atty: WCWS Law (Memphis, Tennessee)

Whatley Kallas, LLP (Birmingham, Alabama)





exclusion;

Suspension: On March 22, 2020, Governor Lee issued Executive Order No. 17 which

ordered restaurants to close except for curbside or take-out orders.


Case Name: Classic Dining Group LLC; RT Real Estate of Southern Wisconsin LLC;

RT Restaurants of Southern Wisconsin LLC; Classic Dining Castleton Inc;

Classic Dining Crawfordsville Inc; Classic Dining of Greenwood Inc;

Classic Dining Kentucky Ave Inc; Classic Dining Keystone Inc; Classic

Dining Michigan Road Inc; Classic Dining of Bloomington Inc; Classic

Dining Greenwood Mall Inc; Classic Dining of Lafayette Inc; Classic

Dining of Lebanon Inc; Classic Dining of Portage Inc; Classic Dining of

Rockford Inc; Classic Dining of Shelbyville Inc; Classic Dining Post Road

Inc; PFC of Gurnee Inc; PFC of Michigan City Inc; PFC of Springhill Inc;

Classic Dining Management Company Inc; PFC Management Company

Inc; Classic Restaurant Group LLC Beloit; Classic Restaurant Group LLC,

Hebron; Classic Restaurant Group LLC Whiteland; Classic Restaurant

Group LLC Lasalle; Classic Restaurant Group LLC Spiceland; Classic

Restaurants LLC Batavia; PFC Restaurant Group LLC; Denny’s Inc;

Classic Restaurant Group LLC; Classic Restaurants LLC; Classic

Restaurants LLC Elgin; Classic Restaurants LLC Hoffman Estates; Classic

Dining LLC Avon; Restaurants LLC Oak Lawn; Classic Restaurants LLC

Aurora; Classic Restaurants LLC Whitestown v. State Auth Insurance

Companies (National Class Action)

Venue: Court of Common Pleas, Franklin County, Ohio General Division

Pltf Atty: King & Spalding LLP (Atlanta, Georgia)

King & Spalding LLP (Chicago, Illinois)

Claim: Franchise owner of Denny’s and Ruby Tuesday restaurants suffered

business interruption due to COVID-19. Prospective denial.

Coverage: All risk; Virus exclusion referenced in the April 7, 2020 denial letter,

but “the Classic Dining Plaintiff’s Policy with State Auto does not

contain the Virus Exclusion” (¶11). Defendant sent a subsequent letter

dated April 21, 2020 which now denied coverage based on “actual or

alleged presence of coronavirus” (¶12). Business income; Extra expense;

Civil authority;

Suspension: On March 15, 2020, Governor DeWine issued an order interrupting the

ordinary business operations of all bars, restaurants and movie theatres.


Case Name: The Chef’s Warehouse Inc., v. Liberty Mutual Insurance Company and

Employers Insurance Company of Wausau


Pltf Atty: Reed Smith LLP (New York, New York)

Claim: Specialty food distributor for high end restaurants, country clubs, hotels,

cruise lines, etc. suffered business interruption, loss of spoiled inventory

and closure due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Time element; Contamination; No

virus exclusion;

Suspension: Stay at home orders were issued in all of Plaintiff’s major markets,

including New York City, Southern and Northern California, Chicago and

Washington, D.C.


Case Name: Blue Ox LLC d/b/a Ox Cart Ale House v. Midwest Mutual Family

Insurance Company

Venue: State of Minnesota, County of Ramsey – District Court, Second Judicial

District


Claim: Restaurant, arcade and rooftop forced to close due to COVID-19.

Prospective denial.

Coverage: Business personal property; Business income; No virus exclusion


prevented bars and restaurants from offering dine-in service.


Case Name: B&G P.T.L. Enterprises, Inc v. Depositors Insurance Company

Venue: Circuit Court – 17th Judicial District – Broward County, Florida



Claim: Wholesale distributor of perishable and non-perishable goods to the travel

and leisure industry suffered and continues to suffer significant business

income losses due to COVID-19. Prospective denial.


exclusion;


which closed restaurants, bars, night clubs, etc.


Case Name: Dallas Berkshire Partners, Ltd. v. Federal Insurance Company and William

Thornton

Venue: County Court – Dallas County, Texas

Pltf Atty: Steckler Gresham Cochran (Dallas, Texas)

The Loyd Law Firm, P.L.L.C. (San Antonio, Texas)

Claim: Real estate business suffered covered losses due to COVID-19. Prospective

denial. Plaintiff claims Defendant engaged in Civil Conspiracy.

Coverage: Civil authority; No virus exclusion

Suspension: Dallas County and State of Texas orders.

Relief: Breach of Contract; Breach of the Duty of Good Faith and Fair Dealing

Case Name: Vancouver Clinic Inc. P.S. v. Affiliated FM Insurance Company

Venue: USDC – Western District of Washington at Tacoma

Pltf Atty: Stein, Sudweeks & Stein, PLLC (Seattle, Washington)

Greenberg Glusker Fields Claman & Machtinger LLP (Los Angeles,

California)

Claim: Healthcare provider whose business suffered significant loss due to


Coverage: All risk; Civil authority; Extra expense; Business interruption;

Communicable disease coverage, “In a letter to TVC dated March 31,

2020, AFM admitted that COVID-19 is a communicable disease as

defined in the AFM policy” (¶13); No virus exclusion;

Suspension: Governor Inslee issued a proclamation on March 19, 2020 which restricted

non-urgent medical procedures, coupled with the various closure orders

enacted in the state.


Case Name: Uncork and Create LLC v. The Cincinnati Insurance Company; The

Cincinnati Casualty Company; and The Cincinnati Indemnity Company


Venue: USDC – District of West Virginia

Pltf Atty: Thompson Barney (Charleston, West Virginia)

Carlson Lynch, LLP (Pittsburgh, Pennsylvania)

Claim: Creative events company forced to temporarily close due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 23, 2020, the Governor of West Virginia issued an Executive

Order which closed all non-essential business, including Plaintiff’s.


Case Name: The Children’s Place, Inc. v. Zurich American Insurance Group


Pltf Atty: Hunton Andrews Kurth LLP (New York, New York)

Hunton Andrews Kurth LLP (Miami, Florida)

Hunton Andrews Kurth LLP (Washington, D.C.)

Claim: Retailer of children’s clothing and accessories forced to close its store due


Coverage: All risk; Civil authority; Extra expense; No virus exclusion; Contamination

exclusion;

Suspension: All of the States where Plaintiff operates store front locations were placed

under stay-at-home orders, which closed non-essential business.


Case Name: Mt. Hawley Insurance Company v. VCS, LLC

Venue: USDC – Eastern District, Louisiana

Pltf Atty: Melchiode Marks King LLC (New Orleans, Louisiana)

Claim: The carrier is seeking declaratory relief regarding the insured’s claim

that its hotel is covered by a Mt. Hawley commercial policy. Mt. Hawley

paid the insured for said damage, but not for its alleged business income

loss claim. The insured claims that they suffered business loss due to



Pollutant exclusion which includes that “excludes coverage for loss or

damage caused directly or indirectly by the actual, alleged, or

threatened discharge, dispersal, release or escape of pollutants or

contaminants, including virus, and such loss or damage is excluded

regardless of any other cause of event” (¶25).

Suspension: On March 22, 2020, Governor Edwards issued a stay at home order which

closed non-essential businesses, but the insured was identified as permitted

to remain open.

Relief: DJ;

Case Name: T&L Catering, Inc. v. The Hanover Insurance Group, Inc. and Citizens







Claim: Restaurant and catering business forced to cease normal operation due to



Suspension: On or about March 15, 2020, stay-at-home orders went into effect in the

State of New Jersey.


Case Name: Star Buick GMC and Star Buick GMC Cadillac and Star Pre-Owned of

Bethlehem d/b/a Star Pre-Owned of Hellertown v. Sentry Insurance Group

d/b/a Sentry Select Insurance Company

Venue: USDC – Eastern District of Pennsylvania, Civil Division- Law

Pltf Atty: Hof & Reid, LLC (Bethlehem, Pennsylvania)

Claim: Automobile dealerships closed due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra Expense; Virus exclusion;

Suspension: On March 19, 2020, Governor Wolf issued an Order which required the

closure of all non-life sustaining businesses to close physical locations.

Relief: DJ;

Case Name: Serendipitous, LLC/Melt; Melt Food Truck, LLC d/b/a Melt; and Fancy’s

on Fifth, LLC d/b/a Fancy’s on Fifth v. The Cincinnati Insurance Company

Venue: USDC – Northern District of Alabama, Southern Division

Pltf Atty: Sirote & Permutt, P.C. (Birmingham, Alabama)

Claim: Collection of restaurants forced to substantially limit business operations


Coverage: Civil authority; Business interruption; Extra expense; No virus exclusion;

Suspension: In March 2020, various orders were issued in the State of Alabama requiring

the closure or suspension of normal business at restaurants and other

businesses.

Relief: DJ; Breach of Contract; Bad faith;

Case Name: Schleicher and Stebbins Hotels, LLC; Renspa Place LLC; Chelsea Gateway

Property LLC; OS Sudbury LLC; Monsignor Hotel LLC; SXC Alewife

Hotel LLC; Lawrenceville, LLC; Second Avenue Hotel Lessee LLC;

Second Avenue Hotel Owner LLC; Medford Station Hotel LLC; WDC

Concord Hotel LLC; Broadway Hotel LLC; Fox Inn LLC; Melnea Hotel,

LLC; Natick Hotel Lessee LLC; Superior Drive Hotel Owner LLC:

Arlington Street Quincy Hotel LLC; Albany Street Hotel Lessee LLC;

Albany Street Hotel LLC; Cleveland Circle Hotel Lessee LLC; Cleveland

Circle Hotel Owner LLC; Worcester Trumbull Street Hotel LLC; Assembly

Hotel Operator LLC; Assembly Row Hotel LLC; Parade Residence Hotel

LLC; Portwalk Hi LLC; Route 120 Hotel LLC; Vaughan Street Hotel LLC;

FSG Bridgewater Hotel LLC v. Starr Surplus Lines Insurance Company;

Certain Underwriters at Lloyd’s London; Everest Indemnity Insurance

Company; Hallmark Specialty Insurance Company; Evanston Insurance

Company; Axis Surplus Insurance Company; Scottsdale Insurance

Company; Mitsui Sumitomo Insurance Company of America

Venue: Superior Court – State of New Hampshire

Pltf Atty: Rath, Young and Pignatelli, P.C. (Concord, New Hampshire)

Anderson Kill (New York, New York)

Claim: Twenty-Three hotel properties located in New Hampshire, Massachusetts

and New Jersey suffered massive business income loss due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Time element; No virus

exclusion;

Suspension: Between March 9, 2020 and March 13, 2020 the federal government and

state governments in New Hampshire, Massachusetts and New Jersey

issued orders closing all non-essential business and encouraging people to

stay at home. Lodging providers, such as Plaintiff’s, were “restricted to

providing lodging for vulnerable populations and essential workers only”

(¶93).

Relief: DJ;

Case Name: Rhonda Hill Wilson, Esquire and The Law Office of Rhonda Hill Wilson,

P.C. v. The Hartford, USI Insurance Services, LLC and USI Affinity

Colburn Insurance Service


Pltf Atty: Law Office of Rhonda Hill Wilson, P.C. (Philadelphia, Pennsylvania)

Claim: Attorney and sole owner of law practice forced to close due to a series of

civil orders relating to COVID-19. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Fungi, bacteria and virus

coverage;

Suspension: On or about March 19, 2020, Civil authority orders went into effect in the

County of Philadelphia, which closed Plaintiff’s business.


Case Name: Rock Haven Ventures, LLC d/b/a Anytime Fitness Plainville v. Ventapro

Specialty Insurance Company


Pltf Atty: KJC Law Firm (Boston, Massachusetts)

Claim: Gym franchise owner forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Business interruption; Extra


Suspension: On March 23, 2020, Governor Baker issued a stay-at-home order and an

order to close all non-essential businesses, including gyms.

Relief: Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing;

Case Name: RDS Vending Company, LLC v. Union Insurance Company, Berkeley Mid-

Atlantic Group LLC and USI Insurance Services LLC

Venue: Court of Common Pleas of Philadelphia County – Trial Division


Claim: Philadelphia’s largest provider of vending machine, coffee service, micro

market and pantry products for various businesses forced to greatly reduce

business operation due to COVID-19. Many businesses that Plaintiff

provides to were closed. Plaintiff was deemed an essential business, and

there is an “ever-present risk that the Covered Property is contaminated and

would continue to be contaminated with COVID-19” (¶64). Prospective

denial.

Coverage: All risk; Civil authority; Business Income; Extra expense; Virus or Bacteria

Exclusion;

Suspension: On March 19, 2020, Governor Tom Wolf issued an order which mandated

the closure of all non-life sustaining businesses.


Case Name: Quakerbridge Early Learning LLC d/b/a Kiddie Academy of Hamilton v.

Selective Insurance Company of New England and Selective Insurance

Group (National Class Action)

Venue: USDC – District of New Jersey – Trenton Vicinage




Alabama)

Claim: Daycare center forced to suspend regular business due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Contamination

Coverage; Virus exclusion;

Suspension: On March 25, 2020, Governor Murphy issued an order mandating the

closure of all daycare facilities except those that offered services to children

of essential workers.

Relief: DJ;

Case Name: Public Kitchen and Bar LLC d/b/a Green Lantern and Public Kitchen and

Bar v. Midwest Mutual Family Insurance

Venue: State of Minnesota – County of Ramsey – District Court, Second Judicial

District


Claim: Restaurant suffered loss of expired food inventory and fully suspended


Coverage: Business income; No virus exclusion;

Suspension: On March 21, 2020, the Governor issued Executive Order 20-04 which

prevented bars and restaurants form offering dine-in service.


Case Name: Philadelphia Extract Company, Inc. v. Erie Indemnity Company, Inc d/b/a

Erie Insurance Exchange and Erie Insurance Property


Pltf Atty: Philadelphia Lawyers Group, LLC d/b/a Zibelman Legal Associates, P.C.

(Philadelphia, Pennsylvania)

Claim: Business that sells and rents beverage and liquor systems to bars and

restaurants forced to close due to COVID-19. Prospective denial.


Income protection – actual loss sustained; No virus exclusion

Suspension: On March 19, 2020 Governor Wolf issued an Order which required all non-

life sustaining businesses to cease operation and close all physical locations

Relief: DJ;

Case Name: Optical Services USA/JC1, Optical Services USA, LLC, Optical Services

USA-WO, RE & LE Holding LLC, Strong OD Ewing NJ, LLC v. Franklin

Mutual Insurance Company

Venue: Superior Court of New Jersey – Law Division, Bergen County

Pltf Atty: OlenderFeldman LLP (Summit, New Jersey)

Claim: Optometry practice forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Virus exclusion;

Suspension: On March 21, 2020, Governor Phil Murphy signed Executive Order No.

107 which required the closure of all non-essential businesses.


Dealing;

Case Name: Mohawk Gaming Enterprises, LLC v. Affiliated FM Insurance Co.

Venue: USDC – Northern District of New York

Pltf Atty: MK Schmidt Law (Burtonsville, Maryland)

The Coppola Firm (Buffalo, New York)

Claim: Casino resort ordered to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business interruption; Communicable disease –

property damage; No virus exclusion;

Suspension: On March 16, 2020, the Saint Regis Mohawk Tribe issued a civil order of

closure to the Akwesasne Mohawk Casino Resort.


Case Name: MD Bevco, Inc. DBA Mad Dogs San Antonio; Crazy Sam’s Seafood, Inc.

DBA Bier Garten; MD Sports Pub, Inc. and MD Riverwalk, LLC DBA on

the Bend v. The Cincinnati Indemnity Company and Johnathan Andrew

Malish

Venue: District Court – 166th Judicial District – Bexar County, Texas


Claim: Restaurants suffered business income loss and closure due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 31, 2020 Governor Abbott signed an executive order which

closed all non-essential businesses. Although take-out service from

restaurants is permitted, Plaintiff’s locations are within hotels which were

closed, and therefore they were unable to operate.

Relief: Breach of Contract; Breach of Duty of Good Faith & Fair Dealing;

Case Name: Riverside Enterprises, LLC v. Society Insurance


Pltf Atty: Clifford Law Offices, P.C. (Chicago, Illinois)

Claim: Casual dining restaurant forced to cease normal operations due to COVID-



exclusion;

Suspension: On March 20, 2020, Governor Pritzker issued an executive order requiring



Case Name: A&G Gyros Inc. dba Windy City Gyros v. State Farm Fire & Casualty

Company

Venue: Circuit Court of Cook County – Illinois County Department – Chancery

Division

Pltf Atty: Becker & Becker Law Firm (Hoffman Estates, Illinois)

Claim: Restaurant forced to cease almost all normal operation and only provide

curbside pickup due to COVID-19. Prospective denial.

Coverage: Civil authority; Business income; Extra expense; Limited virus and fungi

coverage, which does not apply because “the only mention that Plaintiff

found of virus in its insurance policy is regarding food spoliation. There is

no virus or fungi exception regarding business interruption by civil

authorities” (¶11).

Suspension: On March 15, 2020, Governor Pritzker issued an order closing restaurants

and bars to the public. On March 20, 2020, Governor Pritzker issued an

order which closed all non-essential business, including Plaintiff’s.

Relief: DJ; Breach of Contract; Bad Faith denial of Insurance

Case Name: Albertina Guzman Picot d/b/a Salon Cabellos v. Mapfre Insurance

Company and College Highway Insurance Agency, Inc. (National Class

Action)


Pltf Atty: Kreindler & Kreindler LLP (Boston, Massachusetts)


Golomb & Honki, P.C. (Philadelphia, Pennsylvania)


Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Mongomery,

Alabama)



Suspension: On March 23, 2020 the State of Massachusetts issued a stay-at-home order

for all non-essential workers.

Relief: DJ

Case Name: A&R Food Service Corporation v. Travelers Property Casualty Company

of America



Claim: Cafeterias, a café and a convenience store located in a commercial area

serving working professionals forced to close due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 23, 2020, Governor Baker announced a stay-at-home advisory

and ordered the closure of all non-essential businesses.

Relief: Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing

Case Name: Botwood Limited LLC d/b/a Good Company v. Erie Insurance Company

and Erie Insurance (Canton Branch)


Pltf Atty: Taubman Law (Cleveland, Ohio)

Claim: Restaurant suffered business loss due to COVID-19. Prospective denial.


Suspension: On March 16, 2020, Governor DeWine restricted restaurants to take-out and

delivery service only.


Case Name: Brian Handel D.M.D., P.C. v. Allstate Insurance Company



Claim: Dental practice forced to greatly reduce business operations due to COVID-



Suspension: On March 13, 2020, Governor Wolf mandated the closure of all non-life

sustaining business.


Case Name: Cadillac Funding Associates, LLC v. Zurich American Insurance Company

Venue: Circuit Court of Cook County Illinois Law Division

Pltf Atty: Meyers and Flowers, LLC (St. Charles, Illinois)

Weisman, Kennedy & Berris Co., L.P.A. (Cleveland, Ohio)



Claim: Hotel operating several restaurants and bars suffered business loss, inability

to book future reservations and closure due to COVID-19. “It has been over

80 days since Plaintiff submitted its claim and Defendant has not responded

with either an acceptance of the claim, a reservation of rights letter, or a

denial” (¶65).

Coverage: Civil Authority; Business interruption; Extra expense; Time Element;

Extended Period Liability; No virus exclusion; “The Hotel specifically

hosted the Utah Jazz player who tested positive for COVID-19.” (¶61).

Suspension: On March 21, 2020, Governor Whitmer enacted Executive Order 2020-20

that closed restaurants and bars for on-premise consumption. A secondary

Executive Order, No. 2020-01 put a stay-at-home order into effect, and

closed all non-essential business. Hotel workers were not deemed critical

infrastructure workers.


Case Name: Cibus LLC v. Capital Insurance Group, Eagle West Insurance Company,

California Capital Insurance Company, Monterrey Insurance Company, and

Nevada Capital Insurance Company






Beasley, Allen, Crow, Methvin, Portis & Miles (Montgomery, Alabama)

Claim: Restaurant suffered business losses and closure due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business interruption; Virus

exclusion;

Suspension: On March 17, 2020 Mayor Romero issued an order closing all non-essential

businesses.

Relief: DJ

Case Name: Dezine Six, LLC d/b/a Cosmo Blue v. Fitchburg Mutual Insurance

Company; and The Northfolk & Dedham Group



Claim: Hair and beauty salon forced to close its operation due to COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Extra Expense; Business income; Virus exclusion;

Suspension: On March 21, 2020, Governor Phil Murphy issued an executive order which

required residents to stay-at-home unless taking care of essential tasks.

Additionally, this order closed all non-essential businesses.


Case Name: Disole LLC v. Westchester Surplus Lines Insurance Company d/b/a Chubb



Pltf Atty: The Moskowitz Law Firm, PLLC (Coral Gables, Florida)

Merlin Law Group (Tampa, Florida)

Claim: Inn forced to close due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 19, 2020, Miami-Dade County Mayor issued Emergency Order

07-20 which closed all non-essential retail and commercial establishments.

Relief: DJ

Case Name: Fegley Management & Energy, LLC and Fegley Enterprises, Inc. d/b/a

Bethlehem Brew Works and Fegley Enterprises II, Inc. d/b/a Allentown

Brew Works & Fegley’s Brew Works and Fegley Real Estate, LLC v. The

Cincinnati Insurance Company and HMK Insurance


Pltf Atty: Wheeler, DiUlio & Barnabei, P.C. (Philadelphia, Pennsylvania)


Coverage: Civil authority; Business Interruption; Extra expense; Business income; No

virus exclusion;

Suspension: On March 19, 2020, Governor Wolf issued an executive order which closed

all non-life sustaining businesses.

Relief: Breach of Contract, Duty of Good Faith and Fair Dealing; Bad Faith

Case Name: Go-4 Nuge Production Rentals LLC v. The Hartford Financial Services

Group, Inc., Hartford Fire Insurance Company, and Hartford Insurance

Company of the Midwest (National Class Action)


Pltf Atty: The Moskowitz Law Firm, PLLC (Coral Gables, Florida)


Claim: Rental business forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business Income; Extra expense; No virus

exclusion;

Suspension: Florida Civil Authority issued orders requiring the closure of non-essential

businesses.

Relief: DJ

Case Name: J&H Lanmark, Inc. v. Twin City Fire Insurance Company and Hon. Andy

Beshear, Governor of the Commonwealth of Kentucky and Hon. Michael

G. Adams, Secretary of State of the Commonwealth of Kentucky

Venue: Commonwealth of Kentucky – Fayette Circuit Court

Pltf Atty: Golden Law Office, PLLC (Lexington, Kentucky)

Claim: Outdoor sportswear and equipment retailer forced to close due to COVID-


Coverage: All risk; Business income; Extra expense; Limited Fungi, Bacteria or Virus

coverage;

Suspension: On March 22, 2020, Hon. Andy Beshear and Hon. Michael G. Adams

signed Executive Order 2020-246 which ordered the closure of all in-person

non-essential retail businesses.


Case Name: Johansing Family Enterprises LLC dba Play It Again v. Cincinnati

Specialty Underwriters Insurance

Venue: Court of Common Pleas – Hamilton County - Ohio


Claim: Franchisee operating a Play It Again sports equipment and apparel store

forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business Income; Virus Exclusion;

Suspension: In March 2020, the Ohio executive branch issued orders closing all non-



Case Name: Khalid and Natalie’s Service Inc. d/b/a Café Fifth Avenue v. Hospitality


Venue: USDC - Western District of Pennsylvania




Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.



Virus exclusion

Suspension: On March 19, 2020, Governor Wolf issued an Order which required the

closure of all non-essential business.

Relief: DJ

Case Name: Mama Nina, Inc. dba Padma’s Plantation v. The Cincinnati Insurance

Company

Venue: USDC – Northern District of Ohio – Eastern Division

Pltf Atty: Climaco, Wilcox, Peca, & Garofolico., L.P.A. (Cleveland, Ohio)

Claim: Wholesale supplier of fine home furnishings forced to cease all operations



Suspension: On March 20, 2020 Governor Pritzker issued an order closing all non-


Relief: DJ; Breach of Contract; Bad Faith Denial of Insurance

Case Name: Plaza Deli, Inc. d/b/a Plaza Catering and Discovery Café v. Nautilus

Insurance Company



Claim: Five café’s/restaurants and a catering business serving working

professionals in commercial areas suffered massive business loss due to


Coverage: All risk; Civil authority; Extra expense; Extended business income; No

virus exclusion;

Suspension: On March 23, 2020, Governor Baker issued a stay-at-home order for all

residents, which closed all non-essential businesses.

Relief: Breach of Contract; Breach of The Covenant of Good Faith & Fair Dealing

Case Name: Pleasant Food, Inc. dba Sidelines Grill Pleasant View, C&G, Inc. dba

Sidelines Grill Ashland City, Plantation Pub, Inc., Annex Road Group, Inc.

dba Hillwood Pub, DTAG, Inc. dba Crow’s Nest, JDA Pub, Inc. dba Joe’s

Place v. Erie Insurance Exchange (National Class Action)


Pltf Atty: Lieff Cabraser Heimann & Bernstein, LLP (Nashville, Tennessee)

Lieff Cabraser Heimann & Bernstein, LLP (San Francisco, California)

The Higgins Firm (Nashville, Tennessee)


Claim: Six family owned restaurants and bars that host live music forced to shut

down due to COVID-19. Prospective denial.

Coverage: All risk; Civil Authority; Extra expense; Lost Income; Business

interruption; No virus exclusion

Suspension: On March 22, 2020, Governor Lee issued an Executive Order 17 which

required restaurants and bars from operating in any capacity other than

drive-though, pickup, carry-out or delivery.

Relief: DJ; Breach of Contract; Breach of Covenant of Good Faith & Fair Dealing

Case Name: Robert W. Fountain, Inc., d/b/a Robert Fountain International; and Robert

W. Fountain v. Citizens Insurance Company of America

Venue: Superior Court – State of California – County of San Francisco

Pltf Atty: Kornblum, Cochran, Erickson & Harbison, LLP (San Francisco, California)

Claim: Event designer and producer suffered business loss due to COVID-19.

Prospective denial.


Suspension: On March 17, 2020, an Order was issued by the Department of Public

Health for all residents to shelter in place and cease all non-essential

business operation.

Relief: DJ; Breach of Contract; Declaratory Relief

Case Name: Shokofeh Tabaraie, DDS, PLLC, v. Aspen American Insurance Company

Venue: USDC – Western District of Washington

Pltf Atty: Ruiz & Smart Plaintiff Litigation PLLC (Seattle, Washington)

Claim: Dental practice forced to close due to COVID-19. Prospective denial.

Coverage: All risk; No virus exclusion;


prohibited medical and dental offices from providing elective or routine

procedures. Later, on March 23, 2020, the Governor issued Proclamation

20-25, which prohibited residents from leaving their homes for non-

essential reasons.

Relief: DJ; Breach of Contract; Violation of the Duty of Good Faith

Case Name: Steadfast Insurance Company v. Signet Jewelers Limited and Sterling

Jewelers Inc.


Pltf Atty: Ulmer & Berne LLP (Cleveland, Ohio)

Claim: Insurance carrier is seeking declaratory relief regarding the insured

owner of 3,000 jewelry stores across the world, who claim that its loss

and closure of thousands of stores is covered by the insurance policy,


Coverage: Civil authority; Contamination; No virus exclusion; Certain endorsements

and conditions in 31 states. Specifically, the Louisiana Amendatory

Exclusion deletes the following language “Contamination (Contaminated)

– any condition of property due to the actual presence of any foreign

substance, impurity, pollutant, hazardous material, poison, toxin, pathogen

or pathogenic organism, bacteria, virus, disease causing or illness causing

agent, Fungus, mold or mildew” (¶21-11) is replaced with “Contamination

(Contaminated) – Any condition of property due to the actual presence of

any Contaminant(s)” (¶21-11).

Suspension: Civil authority orders forced the closure of retail locations.

Relief: DJ

Case Name: Swearingen Smiles LLC, and Eleisha J Nickoles DDS v. The Cincinnati

Insurance Company; The Cincinnati Casualty Company; and The

Cincinnati Indemnity Company (National Class Action)

Venue: USDC – Southern District of Ohio

Pltf Atty: Carlson Lynch LLP (Pittsburgh, Pennsylvania)

Louik Law Offices (Pittsburgh, Pennsylvania)

Claim: Dental offices forced to close due to COVID-19. Prospective denial.


exclusion;

Suspension: On March 16, 2020, the Ohio Dental Association announced that Governor

DeWine had requested the rescheduling of elective procedures due to

COVID-19. On March 22, 2020 an Order was issued closing all non-

essential businesses within the state. On March 23, 2020, Governor Jim

Justice of West Virginia issued Executive Order No. 9-20 which mandated

residents to stay home unless performing an essential activity.


Case Name: T&L Catering, Inc. v. The Hanover Insurance Group, Inc. and Citizens







Claim: Restaurant and caterer forced to cease sit-down dining operations and suffer

business income loss due to cancellation of catering as a result of COVID-


Coverage: All risk; Civil authority; Business loss; Extra expense; Virus exclusion;

Suspension: Closure orders of all non-essential businesses in effect in 35 states.


Case Name: Table 95 Hospitality Group Inc. v. General Casualty Company of

Wisconsin


Pltf Atty: Golomb & honik, P.C. (Philadelphia, Pennsylvania)



Alabama)

Claim: Owner and operator of 17 restaurants and 9 bars in 15 states suffered

massive business loss due to COVID-19. Prospective denial.


expense; Virus and bacterium exclusion;

Suspension: In every state where Plaintiff has operational properties, civil authority

orders are in effect requiring the suspension of in-person dining.

Relief: DJ

Case Name: The Great Escape on Irving Inc. v. Erie Insurance

Venue: Circuit Court of Cook County Illinois – Chancery Division

Pltf Atty: Becker & Becker Law Firm (Hoffman Estates, Illinois)

Claim: Restaurant, longue, banquet and catering services forced to cease all normal


Coverage: Civil authority; No virus exclusion;

Suspension: On March 15, 2020, Governor Pritzker issued an order closing all bars and

restaurants to the public. On March 20, 2020, Governor Pritzker ordered the

closure of all non-essential business.

Relief: DJ; Breach of Contract; Statutory Bad Faith

Case Name: The Riverwalk Seafood Grill Inc, d/b/a Riverside Banquets v. Travelers

Casualty Insurance Company of America (National Class Action)


Pltf Atty: Foote, Mielke, Chavez & O’Neil, LLC (Geneva, Illinois)

Claim: Restaurant that hosts weddings and other events forced to halt ordinary



expense; Ingress or Egress; No virus exclusion;

Suspension: On March 15, 2020 Governor Pritzker issued an order closing all restaurants

and bars to the public. On March 20, 2020, Governor Pritzker issued an

order closing all non-essential businesses.


Case Name: University Management, Inc., Columbus Deli, Inc., Grill Tupelo, LLC and

BBC, LLC v. State Automobile Mutual Insurance Company and State Auto

Property & Casualty Insurance Company d/b/a State Auto Insurance

Companies

Venue: USDC – Northern District of Mississippi – Aberdeen Division

Pltf Atty: Mitchell, McNutt & Sams, P.A. (Columbus, Mississippi)

Mitchell, McNutt & Sams, P.A. (Tupelo, Mississippi)

Claim: Restaurants and bars forced to cease operations due to COVID-19.

Prospective denial.


interruption; No virus exclusion;

Suspension: On March 24, 2020, Governor Reeves issued an order closing all bars and

restaurants to the public. On April 1, 2020, Governor Reeves ordered the

closure of all non-essential businesses.

Relief: Breach of Contract; Bad Faith; Extracontractual Damages

Case Name: Elevated Industry, LLC d/b/a 300 Craft & Rooftop v. Society Insurance



Claim: Bar forced to greatly reduce business and eventually fully suspend business


Coverage: All risk; Civil authority; Extra expense; Business income; Contamination;

No virus exclusion;

Suspension: On March 17, 2020, Governor Reynolds ordered the closure of businesses

like Plaintiff’s.

Relief: DJ; Breach of Contract; Conduct of Bad Faith

Case Name: Alley 64, Inc. doing business as Alley 64 v. Society Insurance (National

Class Action)

Venue: Circuit Court of the Sixteenth Judicial District – Kane County, Illinois

Pltf Atty: Meyers & Flowers, LLC (St. Charles, Illinois)

Weisman, Kennedy & Berris Co., LPA (Cleveland, Ohio)

Claim: Restaurant and bar forced to suspend normal operations due to COVID-19.

Prospective denial.

Coverage: All risk; Business income; Extra expense; Contamination; No virus

exclusion;


which required that all bars, restaurants and movie theatres stop allowing

the public entry into their locations. On March 20, 2020, Governor Pritzker

issued Executive Order 2020-08 which required the shutdown of all non-


Relief: DJ; Statutory Penalty for Bad Faith Denial of Insurance

Case Name: Kessler Dental Associates, P.C. v. The Dentists Insurance Company



Claim: Dental practice forced to suspend normal business operations due to


Coverage: All risk; Civil authority; Extra expense; Business income; Virus exclusion;

Suspension: On March 19, 2020 Governor Wolf mandated the closure of all non-life

sustaining businesses. “On March 26, 2020, the Pennsylvania Department

of Health amended its mandate, prohibiting all non-emergent dental

procedures in the absence of negative pressure rooms and N95 masks –

equipment that dentist like Handle do not have” (¶54). “. . the virus

exclusion did not change the policy or reduce coverage. No premium

reduction was associated with the addition of the virus exclusion” (¶62).


Case Name: Kenmore Army Navy Store of Bostin, Inc. v. Travelers Casualty Insurance

Company of America



Claim: Retail clothing store forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business income; Extended

business income; No virus exclusion;

Suspension: On March 23, 2020, Governor Baker announced a stay-at-home advisory

and ordered the closure of all non-essential businesses.

Relief: Breach of Contract; Breach of the covenant of good faith and fair dealing

Case Name: Kamakura, LLC and Atlantico, LLC v. Greater New York Mutual Insurance



Pltf Atty: Shaprio Haber & Urmy LLP (Boston, Massachusetts)

Claim: Restaurant offering refined small plates, and a restaurant slated to open on

March 15, 2020 suffered massive business loss due to COVID-19.

Prospective denial.


exclusion;

Suspension: On March 15, 2020 Governor Baker issued an order which prohibited

restaurants from providing on-premise consumption of food or drink. On

March 31, 2020 the Governor extended the order requiring delivery and take

out only.


Case Name: AE Management LLC., AE Restaurant Group, Inc., AE Restaurant

Enterprises, LLC, Ithalica Ristorante, Inc., ADL Restaurant, LLC, Angelos

Wine Bar Weston, LLC, AE Addison Place, LLC, AE Coral Springs, LLC,

AE Oaklong Bakery and Trattoria, LLC, AE Aventura, LLC v. Illinois

Union Insurance Company and Chubb National Insurance Company

Venue: USDC – Southern District of Florida – Miami Division

Pltf Atty: Ku & Mussman, P.A. (Pennbroke Pines, Florida)

Kanner & Whiteley, LLC (New Orleans, Louisiana)

Claim: Operator of 8 restaurants forced to slow down, and eventually cease

operation due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Commercial

liability; Restaurant endorsement, which includes tip income of employees;

No virus exclusion;


which ordered restaurants to cease offering on-premise service.


Case Name: Actors Playhouse Productions, Inc., v. Scor Se, and General Security

Indemnity Company of Arizona (National Class Action)




Boies Schiller Flexner LLP (New York, New York)

Claim: Performing arts theatre forced to close due to COVID-19. Prospective

denial.


exclusion;

Suspension: On March 19, 2020, Miami-Dade County issued Emergency Order 07-20

which required the closure of all non-essential businesses.


Case Name: 1800 Farragut Inc d/b/a The Borough Pub v. Utica First Insurance Company





Alabama)

Claim: Bar/Restaurant suspended all normal operations as a result of COVID-19.

Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business personal property;

Business income; Contamination coverage; Virus exclusion;

Suspension: On March 19, 2020, Governor Wolf issued an Order requiring all non-life

sustaining businesses to cease operations and close all physical locations.

Relief: DJ

Case Name: 1259 Post LLC d/b/a Flo’s Pizzeria & Sports Bar v. EMC Insurance


Venue: USDC – Western District of Michigan

Pltf Atty: M. Blake Heath (Kansas City, Missouri)

Claim: Restaurant forced to close its dine-in area due to COVID-19. “In the wake

of the COVID-19 pandemic, virtually every major insurer has

reimbursed automotive policyholders a portion of their premiums due

to policyholders’ lower driving rate during the crisis … Yet insurers

have not reimbursed businesses for premiums related . . . even though

business have largely been closed and/or significantly curtailed their

availability to the public” (¶1). Prospective denial.

Coverage: General liability; Commercial auto; Commercial umbrella; No virus

exclusion;

Suspension: Civil authority orders forced the closure of non-essential in person business

in 35 states.

Relief: DJ; Breach of Contract; Unjust Enrichment; Breach of Covenant of Good

Faith and Fair Dealing; Money Had and Received

Case Name: 7th Inning Stretch LLC d/b/a Everett AquaSox; DeWine Seeds Silver

Dollars Baseball, LLC; Whitecaps Professional Baseball Corporation v.

Arch Insurance Co.; Federal Insurance Co.


Pltf Atty: McKool Smith, P.C. (New York, New York)



Claim: Minor league baseball teams suffered the cancellation of their season due to



Suspension: Plaintiff’s location in cities where civil authority orders are in effect

requiring the closure of business; MLB not providing minor league teams

with players.


Case Name: Worth Avenue Restaurant, Inc. d/b/a Ta-Boo Restaurant v. Certain

Underwriters at Lloyd’s London


Pltf Atty: Podhurst Orseck (Miami, Florida)




Alabama)



coverage; Business personal property; Total mold, mildew or fungi

exclusion; No virus exclusion;


which ordered all restaurants to close on-premise service of customers.

Relief: DJ

Case Name: Wild Eggs Holdings, Inc.; Wild Eggs Operations, LLC; Wild Eggs

Franchising, LLC v. State Auto Property & Casualty Insurance Company

Venue: USDC – Western District of Kentucky – Louisville Division

Pltf Atty: Bradley Arant Boult Cummings LLP (Nashville, Tennessee)

Bradley Arant Boult Cummings LLP (Washington, DC)


Coverage: Civil authority; Business income; Extra expense; Virus exclusion;

Restaurant Extension Endorsement “expressly adds coverage for a loss

of business income due to a government order to suspend operations

because of actual or alleged exposure “to a contagious or infectious

disease”. (¶1).

Suspension: On March 16, 2020 the Kentucky Cabinet for Health and Family Services

issued an order which restricted restaurant operation to drive-thru, delivery

and take out only. Similar orders were enacted in Indiana by Governor

Holcomb on March 16, 2020. Ohio Governor DeWine issued similar orders

beginning on March 15, 2020.

Relief: DJ; Breach of Contract; Bad Faith Claims Handling and Bad Faith Refusal

to Pay; Unfair Claim Settlement Practices; Deceptive and Misleading

Advertising

Case Name: Whiskey Flats Inc. t/a Out of Wack Jack’s Bar & Grill v. Axis Insurance

Company





Alabama)

Claim: Restaurant/Bar forced to suspend normal business and shut down due to



Virus exclusion; Contamination coverage;

Suspension: On March 19, 2020, Governor Wolf required all non-life sustaining

businesses to cease operations and close physical locations.

Relief: DJ

Case Name: Snip Its Dadm Kidz Cuts II, LLC d/b/a Snip-Its v. The Hanover Insurance

Group, Inc. and Massachusetts Bay Insurance Company

Venue: USDC – Northern District of New York

Pltf Atty: Law Offices of Elmer Robert Keach, III, PC (Albany, New York)



Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. (Montgomery

Alabama)



Extra Expense; Contamination coverage; Virus exclusion;

Suspension: On March 20, 2020 the State of New York issued a stay-at-home order

which required that all non-essential workers stay at home and all non-

essential businesses close.

Relief: DJ

Case Name: Utopia Kids, Inc. and A&D World, LLC d/b/a Denny’s Children’s Wear v.

International Catastrophe Insurance Managers, LLC d/b/a ICAT


Pltf Atty: Podhurst Orseck (Miami, Florida)

Daniel P. Buttafuoco & Associates, PLLC (Woodbury, New York)



Beasley, Allen, Crow, Methvin, Portis & Mikes, P.C. (Montgomery,

Alabama)

Claim: Retail stores forced to close due to COVID-19. Prospective denial.


coverage; No virus exclusion;

Suspension: On March 20, 2020, Governor DeSantis issued an Order requiring the

closure of physical locations of all non-essential businesses.


Case Name: Tony Williams Dance Center LLC v. Hartford Fire Insurance Company


Pltf Atty: Zilberberg Einhorn Karpel, P.C. (Syosset, New York)

Claim: Dance school forced to close due to COVID-19. “Importantly, the policy

was entered into and became effective on February 15, 2020, which is after

Hartford Insurance must have had knowledge that the novel coronavirus,

SARS-CoV-2, the causative agent for COVID-19, could cause direct

physical loss of or damage to property and/or pandemic was underway”


Coverage: All risk; Civil authority; Business income; Extra expense; Limited Fungi,

Bacteria or Virus Coverage, “which included a “Massachusetts Changes”

endorsement, which modified the Limited Fungi, Bacteria or Virus

Coverage form by deleting the term “virus” from any provision therein”.

(¶31).

Suspension: On March 23, 2020 the Governor of Massachusetts issued an order

requiring the closure of all non-essential business.


Case Name: The Rivers Edge Enterprises, LLC d/b/a The Rivers Edge v. Scottsdale

Insurance Company

Venue: Thirteenth Judicial Court – Hillsborough County, Florida – Circuit Civil

Division


Lucas & Magazine, PLLC (New Port Richey, Florida)



Coverage: Civil authority; Business income; Extra expense; Virus or Bacteria

exclusion;

Suspension: On March 20, 2020, the State of Florida issued an Order which suspended

the on-premise consumption of food at restaurants.


Case Name: The Typewritorium Company dba A2Z Business Systems v. The Travelers

Companies, Inc. and Travelers Property Casualty Company of America



Pltf Atty: Cotchett, Pitre & McCarthy (Burlingame, California)

Jerry K. Cimmet (Chico, California)

Kelson Law Group (Oakland, California)

Claim: Retail sales and servicing and repair of business machines like copiers, fax

machines and printers suffered substantial loss of business due to COVID-



Suspension: On March 16, 2020, San Francisco Bay Counties issued civil authorities

requiring shelter-in-place by its citizens.


Case Name: Oaklandish, LLC v. Sentinel Insurance Company Ltd.

Venue: USDC - Northern District of California



Claim: Operator of a fashion line suffered business loss due to the retail stores

forced to cease in person shopping operations due to COVID-19.

Prospective denial.


Suspension: On March 29, 2020 Governor Newsom issued a statewide directive that

required residents to stay at home and cease in person business at non-

essential locations.


Dealing

Case Name: Nostalgic Partners LLC d/b/a Staten Island Yankees and Greenville Drive

LLC and 7th Inning Stretch LP d/b/a Delmarva Shorebirds v. Philadelphia

Indemnity Insurance Co.

Venue: Philadelphia County Court of Common Pleas – Commerce Court

Pltf Atty: Mitchell Sandler LLC (Washington, DC)

McKool Smith, P.C. (New York, New York)

Patrick Pijls, Esq. (Dallas, Texas)

Claim: Minor league baseball teams suffered the loss of their season due to



expense; No/Virus exclusion;

Suspension: Actions by State and Federal governments combined with the decision by

Major League Baseball that teams will not meet their contractual

obligations to provide players to affiliated minor league teams during the

2020 season.


Case Name: Motiv Group, Inc., v. Continental Casualty Company (National Class

Action)


Pltf Atty: Bathgate, Wegener & Wolf, P.C. (Lakewood, New Jersey)

The Moskowitz Law Firm, PLLC (Coral Gables, Florida)


Merlin Law Group (Houston, Texas)

Merlin Law Group (Chicago, Illinois)

Claim: Retail business with one store and one stock room forced to close due to



exclusion;

Suspension: On March 19, 2020, Governor Newsom issued Executive Order N033-20

which required individuals to stay at home when not performing essential

services.

Relief: DJ

Case Name: MDH Global, LLC v. Certain Underwriters at Lloyd’s London,

Underwriters at Lloyd’s London and HDI Global Specialty SE (National

Class Action)


Pltf Atty: Bathgate, Wegener & Wolf, P.C. (Lakewood, New Jersey)

The Moskowitz Law Firm, PLLC (Coral Gables, Florida)


Merlin Law Group (Houston, Texas)

Merlin Law Group (Chicago, Illinois)

Claim: Digital marketing business forced to close due to COVID-19. Prospective

denial.


exclusion;

Suspension: On March 29, 2020, Governor Cooper issued a stay at home order which

required the closure of all non-essential business.

Relief: DJ

Case Name: J&S Kid’s Wear, Inc. d/b/a Denny’s v. The Ohio Casualty Insurance

Company


Pltf Atty: Daniel P. Buttafuoco & Associates, PLLC (Woodbury, New York)




Alabama)

Claim: Retail locations selling children’s clothing, accessories and home goods

forced to suspend in-person business due to COVID-19. Prospective denial.


coverage; Virus exclusion;

Suspension: On March 20, 2020, Governor Cuomo issued a stay-at-home order for all

non-essential workers.


Case Name: Marilyn’s Kids, Inc. d/b/a Denny’s v. Continental Casualty Company



Daniel P. Buttafuoco & Associates, PLLC (Woodbury, New York)



Alabama)

Claim: Retail store selling clothing, accessories, home goods and more for children

forced to close its in-person operations due to COVID-19. Prospective

denial.


coverage; No virus exclusion;

Suspension: On March 16, 2020, Governor Murphy issued an Order requiring all non-

essential businesses in the state to cease operations and close physical

locations.


Case Name: Koeppel Clark, LLC and Beko Properties, LLC v. Starr Indemnity &

Liability Company

Venue: USDC – Eastern District of Louisiana

Pltf Atty: Koeppel Clark (New Orleans, Louisiana)

Claim: Law firm suffered business loss to COVID-19. Prospective denial.

Coverage: Civil authority; Extra expense; Business income; No virus exclusion;

Suspension: On March 22, 2020, Governor Bell Edwards issued Proclamation Number

33 JBE 2020 which ordered residents to stay at home except for essential

activity.

Relief: DJ

Case Name: Kevin Barry Fine Art Associates v. Sentinel Insurance Company, Limited,

d/b/a The Hartford


Pltf Atty: Hanson Bridgett LLP (San Francisco, California)

Claim: Retail locations that sells art to the public forced to close due to COVID-



exclusion, but rather a virus endorsement “which expressly provides

coverage for losses caused by fungi, bacteria, or viruses” (¶18).

Suspension: Civil authority orders issued by the Governor of Nevada, the Governor of

California, the City of Los Angeles and the City of Santa Monica forced the

Plaintiff’s business locations to close in March 2020.


Dealing

Case Name: Walters & Mason Retail, Inc., d/b/a Altar’d State v. Hartford Fire Insurance

Company


Pltf Atty: Morgan, Lewis & Bockius LLP (Philadelphia, Pennsylvania)

Morgan, Lewis & Bockius LLP (Washington, D.C.)

Morgan, Lewis & Bockius LLP (Houston, Texas)

Provost Umphrey Law Firm, LLP (Beaumont, Texas)

Claim: Women’s fashion brand with 119 boutiques in 37 states forced to close in-

person locations due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Ingress or Egress;

No virus exclusion;

Suspension: On March 19, 2020, the Governor of the Commonwealth of Pennsylvania

issued an order which prohibited access to non-life sustaining businesses.


Case Name: V&S Elmwood Lanes, Inc. v. Everest National Insurance Company,

Specialty Insurance Group





Alabama)

Claim: Bowling alley forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business loss; Extra expense; Contamination

coverage; Business income; Business personal property; special business

income; professional business income; Virus exclusion; “The Virus

Exclusion does not exclude coverage for losses associates with this

pandemic and Plaintiff has suffered physical damage or loss” (¶15).

Suspension: On March 19, 2020, Governor Wolf issued a stay-at-home order which

required the cessation of non-life sustaining businesses.

Relief: DJ

Case Name: VIP Fashion Inc., v. Farmers Insurance Group





Alabama)

Claim: Bridal shop forced to close due to COVID-19. Prospective denial.


coverage; Business personal property; Virus exclusion;

Suspension: On March 19, 2020, Governor Wolf issued an Order requiring all non-life

sustaining businesses to cease operations and close all physical locations.

Relief: DJ

Case Name: ElevinElevin, LLC d/b/a Elevin Studios v. Travelers Casualty Insurance

Company of America



Claim: Film and photography studio which services a variety of industries suffered

a halt in business due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Extended

business income; No virus exclusion;

Suspension: On March 23, 2020 Governor Baker issued a stay-at-home advisory and

ordered the closure of all non-essential businesses.

Relief: Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing

Case Name: Dr. Edward S. Kole, D.O., P.C. v. Hartford Financial Services Group, Inc.

d/b/a The Hartford; and Twin City Fire Insurance Company



Claim: Elective cosmetic surgery practice forced to close due to COVID-19.

Prospective denial.


Suspension: On March 20, 2020, Governor Wolf mandated the closure of all non-life

sustaining businesses. Also on this date, the Pennsylvania Department of

Health issued guidelines that ambulatory surgical facilities “may not

perform any elective surgeries or procedures unless the surgery or

procedures are life-sustaining measures related to a progressive disease,

such as cancer, vascular disease or organ failure” (¶62).


Case Name: Clutch City Sports & Entertainment, L.P. (d/b/a Toyota Center) and Rocket

Ball, Ltd. v. Affiliated FM Insurance Company

Venue: State of Rhode Island – Providence County Superior Court

Pltf Atty: Mcintyre Tate LLP (Providence, Rhode Island)

The Lanier Law Firm, P.C. (Houston, Texas)

Heard Law Firm, PLLC (Houston, Texas)

DiCello Levitt Gutzler LLC (Chicago, Illinois)

DiCello Levitt Gutzler LLC (Mentor, Ohio)



Claim: Arena spanning six city blocks and housing the NBA Houston Rockets, and

concerts and touring shows forced to close due to COVID-19. Prospective

denial.

Coverage: All risk; Civil authority; Communicable disease – Property Damage; Extra

expense; Ingress/Egress; Supply Chain; No virus exclusion;

Suspension: Following the suspension of all events by the NBA and Live Nation, Judge

Hidalgo issued a “stay home work safe” order on March 24, 2020, which

prohibited gatherings and ordered the closure of all non-essential

businesses.

Relief: DJ; Breach of Contract; Bad Faith; Breach of Covenant of Good Faith and

Fair dealing

Case Name: Cedar Run Orthodontics, P.A. d/b/a DeFelice Orthodontics v. Hartford

Financial Services Group, Inc. d/b/a The Hartford; and Sentinel Insurance

Company, LTD.



Claim: Dental practice forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business income; Business personal property;

Extra expense; Virus exclusion;

Suspension: On March 21, 2020, Governor Murphy issued a stay at home order which

also required the closure of non-essential businesses. On March 21, 2020,

The New Jersey office of the Attorney General and New Jersey State Board

of Dentistry advised that dentists should cancel all non-essential or elective

procedures.


Case Name: Chattanooga Professional Baseball LLC d/b/a Chattanooga Lookouts; Agon

Sports and Entertainment LLC; Boise Hospitality and Food Services LLC;

Boise Professional Baseball LLC; Columbia Concessions & Catering LLC;

Columbia Fireflies LLC d/b/a Columbia Fireflies; Eugene Emeralds

Baseball Club Inc. d/b/a Eugene Emeralds; Fort Wayne Professional

Baseball LLC d/b/a Fort Wayne TinCaps; Fredericksburg Baseball LLC

d/b/a Fredericksburg Nationals; Frisco Roughriders LP d/b/a Frisco

Roughriders; Greenjackets Baseball LLC; Greenjackets Hospitality Food &

Beverage Services LLC; Idaho Falls Baseball Club, Inc. d/b/a Idaho Falls

Chukars; Inland Empire 66ers Baseball Club of San Bernadino Inc. d/b/a

Inland Empire 66ers; Jethawks Baseball LP d/b/a Lancaster Jethawks;

Myrtle Beach Pelicans, LP d/b/a Myrtle beach Pelicans; Panhandle Baseball

Club Inc. d/b/a Amarillo Sod Poodles; SAJ Baseball LLC; San Antonio

Missions Baseball Club Inc. d/b/a San Antonio Missions; 7th Inning Stretch

LLC d/b/a Stockton Ports; West Virginia Baseball, LLC d/b/a West

Virginia Power v. National Casualty Co.; Scottsdale Indemnity Co.;

Scottsdale Insurance Co.


Pltf Atty: McKool Smith Hennigan, P.C. (Los Angeles, California)




Claim: Minor League Baseball (MiLB) forced to suspend their season due to


Coverage: All risk; Business income; Extra expense; Building and Personal Property;

Virus, bacterium or other microorganism exclusion;

Suspension: In March 2020, most states restricted or prohibited the operation of non-

essential businesses and non-essential gatherings.

Relief: DJ; Breach of Contract; Anticipatory Breach of Contract

Case Name: Karen Trinh, DDS, Inc., v. State Farm General Insurance Company

Venue: Superior Court of the State of California – County of Santa Cruz

Pltf Atty: Sanjiv N. Singh, A Professional Law Corporation (San Mateo, California)

Claim: Dentistry practice forced to reduce their operations to essential emergency

and urgent dental care suffered business loss due to COVID-19. Prospective

denial.


Suspension: On March 16, 2020 Governor Newsom directed residents to shelter in place.

Plaintiff’s business remained open as essential but was prohibited from its

normal business operations and volume.


Dealing; Bad Faith Denial; Unjust Enrichment

Case Name: James Colgan d/b/a James Colgan Union Square and James Colgan Potrero

Hill v. Sentinel Insurance Company, Ltd., and DOES 1 to 20


Pltf Atty: Kornblum, Cochran, Erickson & Harbison, LLP (San Francisco, California)



Suspension: On March 19, 2020 the Public Health Officer of the State of California

issued Executive Order N-33-20 which required residents to shelter at their

place of residents except for essential outings.

Relief: DJ; Breach of Contact

Case Name: B Street Grill and Bar, LLC d/b/a The Hub Grill & Bar; Union Grill and

Tap, LLC and 212 Grill & Bar, LLC d/b/a The Hub & Bar v. The Cincinnati

Insurance Company

Venue: Superior Court of The State of Arizona – Maricopa County

Pltf Atty: Snell & Wilmer L.L.P. (Phoenix, Arizona)

Claim: Restaurants forced to suspend normal business operations due to COVID-

19. Plaintiff had staff members test positive for the virus. Prospective

denial.


personal property; No virus exclusion;

Suspension: On March 19, 2020, Governor Ducey issued Executive Order 2020-09

which required all restaurants to close on-site dining access.


Case Name: JDR Enterprises LLC, v. Sentinel Insurance Company Limited and The

Hartford Insurance Companies







Alabama)

Claim: Coffee shop forced to close and lose all perishable inventory due to COVID-


Coverage: All risk; Civil authority; Business income; Personal property, Extra

expense; Contamination coverage; Virus exclusion;

Suspension: On March 16, 2020, the State of California prohibited gatherings regardless

of size, which closed all non-essential businesses.

Relief: DJ;

Case Name: Park 101 LLC and Louisiana Purchase LLC dba Louisiana Purchase SD v.

Liberty Mutual Group Inc., Liberty Mutual Insurance Company, American

Fire and Casualty Company, and Ohio Security Insurance Company



Pltf Atty: Glancy Prongay & Murray LLP (Los Angeles, California)

Glancy Prongay & Murray LLP (New York, New York)

Claim: Restaurants forced to suspend normal business operations and provide take-

out service only due to COVID-19. Prospective denial.


Suspension: On March 19, 2020, Governor Newsom issued Executive Order N-33-20,

which ordered California residents to stay home, and ordered the closure of

all non-essential businesses.


Dealing; Unfair Business Practices;

Case Name: Protégé Restaurant Partners LLC v. Sentinel Insurance Company, Limited,

d/b/a The Hartford (National Class Action)


Pltf Atty: Susman Godfrey L.L.P. (Los Angeles, California)

Susman Godfrey L.L.P. (New York, New York)

Claim: Michelin-Star rated restaurant forced to close due to COVID-19.

Prospective denial.


Fungi, Bacteria and Virus exclusion;

Suspension: On or about March 19, 2020, Governor Newsom issued an Executive Order

which mandated the closure of all non-essential businesses in the state.


Case Name: Monarch Ballroom, LLC v. Farmer’s Insurance Company, Inc; Farmers

Group Inc.; Farmers Insurance Exchange; Fire Insurance Exchange; Truck

Insurance Exchange and DOES 1 through 20, Inclusive (National Class

Action)


Pltf Atty: Shepherd, Finkelman, Miller & Shah, LLP (San Diego, California)

Shepherd, Finkelman, Miller & Shah, LLP (San Francisco, California)

Claim: Dance studio and event space forced to close due to COVID-19. Prospective

denial.


expense; Exclusion of Loss Due to Virus and Bacteria; Limited Coverage

for Fungi, Wet Rot, Dry Rot & Bacteria;

Suspension: On March 19, 2020 Governor Newsom issued Executive Order N-33-20

which required all residents of the State of California to stay at home except

as needed to perform essential services.


Case Name: West Coast Hotel Management, LLC dba University Square Hotel Of

Fresno; and West Coast Orange Group, LLC dba The Hotel Fresno v.

Berkshire Hathaway Guard Insurance Companies, Amguard Insurance

Company and DOES 1-50, inclusive


Pltf Atty: Richie Litigation, P.C. (Santa Ana, California)

Claim: Hotels suffered and continue to suffer a significant decline in business as

early as January 2020 due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Extra expense; Business personal property;

Business income; Virus or Bacteria exclusion;

Suspension: Various Civil Authority orders around the country resulting in a massive

decline in travel and hotel usage.

Relief: DJ;

Case Name: Jesse Fink dba Toy Boat Dessert Café v. The Hanover Insurance Group,

Inc., and Massachusetts Bay Insurance Company (National Class Action)


Pltf Atty: Brown, Neri, Smith & Khan, LLP (Los Angeles, California)

Finkelstein, Blankinship, Frei-Pearson & Garber, LLP (White Plains, New

York)

Claim: Dessert café forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business losses; Business income; Extra expense;

Virus exclusion;

Suspension: On March 24, 2020 a government manded closure order went into effect for

all non-essential businesses.


Dealing;

Case Name: Atelier 1 2 3 Restaurant LLC, dba Atelier Crenn, 3131 Fillmore CDG LLC,

dba Bar Crenn, 609Hayes CDG LLC, dba Petit Crenn v. Farmers Group

Inc., Truck Insurance Exchange and DOES 1 through 10, inclusive





Coverage: Civil authority; Business income; Extra expense; Business interruption;

Lost business income; Virus exclusion;

Suspension: On March 13, 2020, The SFDPH issued Order of the Health Officer No.

C19-05b which prohibited indoor gatherings, and explicitly includes

restaurant dining rooms. On March 16, 2020 the SFDPH issued Order of

the Health Officer No. C19-07 which ordered the closure of restaurants

except for takeout or delivery services.


Dealing; Unfair Business Practices;

Case Name: Unmasked Management, Inc., Lucha Libre Gourmet Taco Shop #1 LP,

Lucha Libre Gourmet Taco Shop #2 LP, Lucha Libre Gourmet Taco Shop

#3 LP v. Century-National Insurance Company (National Class Action)


Pltf Atty: Limandri & Jonna LLP (Rancho Santa Fe, California)

DiCello Levitt Gutzler LLC (Chicago, Illinois)




Claim: Taco shops suffered major business loss due to COVID-19. Prospective

denial.


exclusion;

Suspension: On March 16, 2020, San Diego County issued a civil authority order which

closed bars and banned dine-in eating in the County. On March 19, 2020,

Governor Newsom issued Executive Order N-33-20 which ordered all

individuals in the state to stay at home when not performing essential

business.


Case Name: Harvest Moon Distributors LLC v. Southern-Owners Insurance Company

Venue: Circuit Court – Ninth Judicial Circuit – Orange County, Florida

Pltf Atty: Malik Law P.A. (Maitland, Florida)

Claim: Wine and beer distributor suffered substantial business loss due to COVID-


Coverage: Business income; Extra expense; Inventory; Accounts receivable; No virus

exclusion;

Suspension: On March 15, 2020, Walt Disney Parks & Resorts US Inc. closed its doors

to the public in an effort to stop the spread of COVID-19. Walt Disney Parks

make up a large percentage of client’s business.

Relief: DJ: Breach of Contract;

Case Name: The Rivers Edge Enterprises, LLC d/b/a The Rivers Edge v. Scottsdale

Insurance Company

Venue: Thirteenth Judicial Circuit – Hillsborough County – Florida – Circuit Civil

Division


Lucas & Magazine, PLLC (New Port Richey, Florida)




Suspension: On March 20, 2020, the State of Florida issued a Civil Authority Order

which suspended on-premises food consumption at restaurants.


Case Name: It’s Nice, Inc. d/b/a Harold’s Chicken Shack #83 v. State Farm Fire and

Casualty Co.

Venue: Circuit Court of the Eighteenth Judicial Circuit Dupage County, Illinois

Pltf Atty: Charles Franklin Law (Northfield, Illinois)

Claim: Restaurant franchise that operates exclusively through pick up orders forced

to close due to COVID-19. They do not offer dine-in, curbside pickup,

drive-through or other delivery options. Plaintiff’s normal operation is such

that customers gather in the small lobby of the restaurant to pick up their

orders, which were placed over the phone. Prospective denial.

Coverage: Business income; Virus exclusion; Ordinance or Law Exclusion;

Governmental action;

Suspension: On March 15, 2020, Governor Pritzker issued an order closing food service

establishment to all business except delivery or curbside. Being that

Plaintiff does not offer those options, they were forced to close their

business.


Case Name: Cardelli Enterprise, L.L.C., v. Society Insurance (National Class Action)


Pltf Atty: Cardelli Enterprise, L.L.C. (Oak Brook, Illinois)

Lubin Austermuehle, P.C. (Elmhurst, Illinois)

Claim: Italian restaurant and bar forced to suspend normal business operations due





which mandated that restaurants and bars cease in-person service at their

establishments.


Case Name: Ciao Baby on Main LLC v. Society Insurance Inc.


Pltf Atty: Charles A. Silverman Law (Skokie, Illinois)

Claim: Restaurant forced to cease operations due to COVID-19. Prospective denial.


exclusion;


restaurants, bars, and moving theatres to address the pandemic. A few days

later, all non-essential businesses to close.

Relief: DJ; Breach of Contract; Bad Faith;

Case Name: The Barn Investment LLC d/b/a The Barn, Found Investment LLC, d/b/a

Found, and Aurora Restaurant LLC d/b/a Stolp Island Social v. Society

Insurance, A Mutual Company (National Class Action)


Pltf Atty: Robbins Geller Rudman & Dowd LLP (Chicago, Illinois)







Coverage: All risk; Civil authority; Extra expense; Business loss; Business income; No

virus exclusion;


which mandated that on-premises consumption at restaurants, bars, grocery

stores, etc. is no longer permitted.


Case Name: Style Lounge Salon, Inc. d/b/a Salon Envy v. West Bend Mutual Insurance

Company


Pltf Atty: Fuksa Khorshid, LLC (Chicago, Illinois)


Coverage: All risk; Civil authority; Business income; Communicable disease; Extra

expense; Virus exclusion; “Communicable Disease Business Income and

Extra Expense Coverage provided coverage for losses related to

shutdowns by local, state, or federal authorities due to an outbreak of

communicable disease” (¶25).

Suspension: On March 20, 2020 Governor Pritzker ordered all non-essential businesses

to close.


Case Name: Jesse’s Embers, LLC d/b/a Jesse’s Embers v. Western Agricultural

Insurance Company, d/b/a Farm Bureau Financial Services





Coverage: Business income; Virus exclusion;

Suspension: On March 17, 2020, Governor Reynolds issued a governmental

proclamation and order that required the closure of bars and restaurants.


Case Name: Turek Enterprises, Inc., d/b/a Alcona Chiropractic v. State Farm Mutual

Automobile Insurance Company and State Farm Fire and Casualty


Venue: USDC – Eastern District of Michigan

Pltf Atty: Altior Law, P.C. (Birmingham, Michigan)

Sommers Schwartz, P.C. (Southfield, Michigan)

Claim: Chiropractic office forced to close due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Loss of Income; Extra expense; Virus exclusion;

Suspension: On March 24, 2020, The State of Michigan issued Executive Order No.

2020-01 which prevented operation of non-essential businesses.


Case Name: M&J Churchfield Family Limited Partnership d/b/a Double Dice RB Park

v. K&K Insurance Group, Inc. d/b/a K&K Insurance


Pltf Atty: Kemp Jones, LLP (Las Vegas, Nevada)




Alabama)

Claim: RV Park and Restaurant forced to close due to COVID-19. Prospective

denial.


coverage; Virus exclusion;

Suspension: On March 20, 2020, Governor Sisolak issued an Order requiring the closure

of all non-essential businesses.

Relief: DJ;

Case Name: JGB Vegas Retail Lessee, LLC v. Starr Surplus Lines Insurance Company

Venue: District Court – Clark County, Nevada

Pltf Atty: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP (Las Vegas, Nevada)


Claim: Property owner operating an open-air mall with restaurants, shops, retailers

and a brewery suffered massive business loss due to COVID-19.

Prospective denial.

Coverage: All risk; Civil Authority; Time element; Business interruption; Extra

expense; Ingress/Egress; Rental Value; Off Premise Power Business

Interruption; Pollution and Contamination Exclusion; No virus exclusion;

Suspension: On March 20, 2020, Governor Sisolak issued a state-wide stay-at-home

order directing all non-essential businesses to cease operation.

Relief: DJ; Breach of Contact; Unfair Claims Practices; Breach of Covenant of

Good Faith & Fair Dealing;

Case Name: Investigroup, LLC, v. Hartford Underwriters Insurance Company, The

Hartford Financial Services Group, Inc. d/b/a The Hartford and Sentinel

Insurance Company Limited


Pltf Atty: Sherman, Silverstein, Kohl, Rose & Podolsky, P.A. (Moorestown, New

Jersey)

Claim: Business providing accounting and auditing services forced to reduce

normal business operations due to COVID-19. Prospective denial.

Coverage: All risk; Civil authority; Business loss; Business income; Extra expense;

Virus endorsement;

Suspension: On March 21, 2020, Governor Murphy issued Executive Order Number 107

which required all non-essential businesses in the State to cease operations

and close physical locations.


Case Name: Metropolitan Dental Arts P.C. v. The Hartford Financial Services Group,

Inc., and Sentinel Insurance Company, Ltd. (National Class Action)


Pltf Atty: Nussbaum Law Group, P.C. (New York, New York)

Criden & Love, P.A. (South Miami, Florida)

Claim: Dental practice Prospective denial.


exclusion;

Suspension: On March 20, 2020 Governor Cuomo issued a “stay-at-home” order which

closed all non-essential businesses.

Relief: DJ; Anticipatory Breach of Contract;

Case Name: James Servedio v. Travelers Casualty Insurance Company of America, The

Travelers Indemnity Company






Alabama)

Claim: Live event and sound stage business suffered business loss and was forced

to close due to COVID-19. Prospective denial.


expense; Contamination coverage; Virus exclusion;

Suspension: On March 20, 2020 the State of New York issued a stay at home order and

ordered that all non-essential workers stay home.

Relief: DJ;

Case Name: BR Restaurant Corp. d/b/a Bruno’s Restaurant Italiano v. Nationwide

Mutual Insurance Company

Venue: Supreme Court of the State of New York – County of Nassau

Pltf Atty: Cole Hansen Chester LLP (New York, New York)

Claim: Restaurant forced to suspend normal business operation due to COVID-19.

Prospective denial.

Coverage: Civil authority; Business interruption; Virus Exclusion;

Suspension: New York Governor issued an emergency order prohibiting on-premise

operation or use of restaurants.

Relief: Breach of Contract;

Case Name: Tappo of Buffalo, LLC and Tappo Pizza, LLC v. Erie Insurance Company


Venue: USDC – Western District of New York

Pltf Atty: Lipsitz Green Scime Cambria, LLP (Buffalo, New York)

Claim: Bar and restaurant forced to curtail normal business operations due to


Coverage: All risk; Civil authority; Income protection; Extra expense; No virus

exclusion;

Suspension: On March 16, 2020, Governor Cuomo issued Executive Order 202.3 which

cancelled events larger than 50 people and mandated restaurants or bars

cease on-premises service to patrons.


Case Name: 357 W. Turkeyfoot Lake, LLC v. Illinois Casualty Company and United

States Insurance Group, LLC and Michael T. Grossi


Pltf Atty: Tzangas Plakas Mannos LTD (Canton, Ohio)

Claim: Restaurant and bar forced to suspend normal business operations due to


Coverage: All risk; Civil authority; Business interruption; Extra expense; spoilage;

Virus exclusion;

Suspension: On March 15, 2020, Governor DeWine restricted food and beverage sales

to carry-out and delivery only. On March 22, 2020, the Ohio Department of

Health issued a Stay at Home order for all residents, which in turn mandated


Relief: DJ; Breach of Contract; Bad Faith; Negligence; Breach of Fiduciary Duty

Case Name: Soundview Cinemas Inc. v. Great American Insurance Group, Great

American Insurance Company of New York, Jimcor Agency Inc., Five Star

Coverage Corp. and Wilkinson & Krause

Venue: Supreme Court – State of New York – County of Nassau

Pltf Atty: Glassberg & Associates, LLC (Port Washington, New York)

Claim: Movie theater forced to close due to COVID-19. Prospective Denial.

Coverage: Business interruption; No virus exclusion;

Suspension: On March 16, 2020, Governor Cuomo issued Executive Order 202.3 which

ordered the closure of all non-essential businesses in the state.

Relief: DJ;

Case Name: Poughkeepsie Waterfront Development LLC v. The Travelers Indemnity

Company of America and The Travelers Companies, Inc. (National Class

Action)


Pltf Atty: Finkelstein, Blankinship, Frei-Pearson & Garber, LLP (White Plains, New

York)

Claim: Landlord for a restaurant and event venue suffered business loss due to

COVID-19. Prospective Denial.


Suspension: On March 16, 2020, Governor Cuomo issued an order closing all non-



Case Name: Alissa’s Flowers, Inc. v. State Farm Fire and Casualty Co. (National Class

Action)

Venue: USDC – Western District of Missouri – Central Division

Pltf Atty: Williams Dirks Dameron LLC (Kansas City, Missouri)

Bartle & Marcus LLC (Kansas City, Missouri)

Claim: Flower shop forced to close due to COVID-19. Prospective Denial.

Coverage: No virus exclusion;

Suspension: Plaintiff’s business was forced to close due to non-essential business

suspension orders enacted by governmental officials.

Relief: DJ; Breach of Contract; Unjust Enrichment;

Case Name: Michael Cetta, Inc. d/b/a Sparks Steak House v. Admiral Indemnity



Pltf Atty: Seeger Weiss LLP (New York, New York)




Claim: Steak house restaurant forced to suspend normal business operations due to



expense; Virus Exclusion;

Suspension: Governmental authority orders forced the suspension of non-essential

business.


Case Name: Mikmar, Inc. and Michael’s Inc. DBA Lamalfa Centre and Vine Beverage

and Caterers v. Westfield Insurance Company (National Class Action)

Venue: Court of Common Pleas – Lake County, Ohio


Claim: Hotel operator that engages in high-end banquet and catering services

suffered business income loss and suspension of normal business operation

due to COVID-19. Prospective Denial.


income; Extra expense; No virus exclusion;

Suspension: On March 23, 2020, Ohio Civil Authority issued an order requiring

residents to stay at home and ordered the closure of all non-essential

businesses.


Case Name: Carpe Diem Coffee Shop, Inc. v. The Cincinnati Insurance Company

Venue: Court of Common Pleas – Stark County - Ohio


Claim: Coffee shop forced to close due to COVID-19. Prospective Denial.


exclusion;

Suspension: The State of Ohio issued and implemented Stay-At-Home orders which

required non-essential businesses to severely curtail normal business

operations, or close entirely.


Case Name: iAthlete & Fitness, LLC dba Results Fitness v. The Cincinnati Insurance

Company


Pltf Atty: Nurenberg, Paris, Heller & McCarthy Co., L.P.A. (Cleveland, Ohio)

Claim: Fitness center providing training and lifestyle coaching forced to close due

to COVID-19. Prospective Denial.


exclusion;

Suspension: On March 17, 2020 Dr. Action issued a Director’s Order which prohibited

health clubs, gyms and similar locations from operating.


Case Name: McKinley Development Leasing Company, LTD and McKinley

Development Leasing Company (A), LTD and McKinley Development

Leasing Company (D), LTD v. Westfield Insurance Company

Venue: Court of Common Pleas – Stark County - Ohio


Winkhart & Minor, LLC (North Canton, Ohio)

Claim: Real estate development and leasing company suffered loss of business

income as a result of their tenants’ reduction in business due to the

government orders surrounding COVID-19. Prospective Denial.


Suspension: On March 22, 2020, the Ohio Department of Health issued a Stay at Home

order for all residents which ordered the closure of all non-essential

businesses.


Case Name: Sylvester and Sylvester, Inc., DBA Nick Sylvester’s North End Italian

Grille v. State Automobile Mutual Insurance Company, D/B/A State Auto

Insurance Companies

Venue: Court of Common Pleas – Stark County – Ohio


Claim: Restaurant forced to close due to COVID-19. Prospective Denial.

Coverage: All risk; Civil authority; Business income; Extra expense; Business Income

– Limited Extension for Food-Borne Illness; Virus Exclusion;

Suspension: On March 22, 2020, the Ohio Department of Health issued a Stay at Home

order which forced the closure of all non-essential businesses.


Case Name: Ethan & Austin, LTD. and 958 Canton Road, LLC and Lazy Gator, LLC

and Strongsville Pub, LLC and Valley Six, LLC and 3900 Medina Road,

LLC and 1840 Town Park Blvd, LLC v. Illinois Casualty Company and

United States Insurance Group, LLC and Michael T. Grossi

Venue: Court of Common Pleas – Summit County – Ohio


Claim: Restaurant and bar suffered business income loss due to COVID-19.

Prospective Denial.

Coverage: All risk; Civil Authority; Business Interruption; Extra Expense; Virus

exclusion;

Suspension: On March 15, 2020, Ohio restricted food and beverage sales to carry-out

and delivery only. On March 22, 2020, the Ohio Department of Health

issued a stay at home order, and closed all non-essential businesses.

Relief: DJ; Breach of Contract; Bad Faith; Negligence; Breach of Fiduciary Duty

Case Name: Blarney, Inc. d/b/a Murphy’s Pub v. The Cincinnati Insurance Company

and The Cincinnati Casualty Company and The Cincinnati Indemnity

Company and Cincinnati Financial Corporation

Venue: Court of Common Pleas – Hamilton County – Ohio

Pltf Atty: Strauss Troy (Cincinnati, Ohio)

Claim: Restaurant/Bar forced to suspend business operations due to COVID-19.

Prospective Denial.


Suspension: On March 22, 2020, The State of Ohio issued an order requiring the closure

of all non-essential businesses and requesting that residents stay-at-home.

Relief: DJ;

Case Name: Till Metro Entertainment d/b/a The Vanguard v. Covington Specialty


Venue: USDC – Northern District of Oklahoma

Pltf Atty: Caruso Law Firm, P.C. (Tulsa, Oklahoma)

Smolen, Smolen & Roytman, PLLC (Tulsa, Oklahoma)

Claim: Concert venue forced to close due to COVID-19. Prospective Denial.


No virus exclusion;

Suspension: On March 17, 2020, the City of Tulsa issued a Executive Order 2020-2

which required the closure of indoor performance venues, as well as other

non-essential businesses.


Case Name: Govinda, LLC, d/b/a Hampton Inn Midwest City v. Columbia Insurance

Group

Venue: District Court – Oklahoma County – State of Oklahoma


Claim: Owner and operator of a hotel property suffered business loss due to



exclusion;

Suspension: On March 25, 2020, Governor Stitt’s Executive Order went into place which

required the closure of all non-essential businesses.

Relief: DJ;

Case Name: BA Ventures LLC; Pacific Clearvision Institute, PC v. Farmers Insurance

Exchange

Venue: Circuit Court – State of Oregon – County of Lane

Pltf Atty: Gleaves Swearingen LLP (Eugene, Oregon)

Claim: Ophthalmology clinic forced to close due to the required donation of PPE

equipment and ban on elective procedures due to COVID-19. Prospective

Denial.


Suspension: On March 19, 2020, Governor Brown issued Executive Order 20-10 which

suspended all elective and non-urgent medical procedures. It also required

medical facilities to coordinate with the State to deliver surplus PPE to

locations where it was needed.


Case Name: Ralph Lauren Corporation v. Factory Mutual Insurance Company


Pltf Atty: Hunton Andrews Kurth LLP (New York, New York)

Hunton Andrews Kurth LLP (Washington, D.C.)

Claim: Global leader in design, marketing and distribution of premium lifestyle

products, apparel, footwear, accessories, home furnishings, fragrances and

hospitality forced to close due to COVID-19. Prospective Denial.

Coverage: All risk; Civil authority; Extra expense; Communicable disease response;

Time element; Ingress/Egress; No virus exclusion; Contamination

exclusion;

Suspension: On March 16, 2020, the CDC and national Coronavirus Task Force issued

civil authorities regulating guidance titled “30 Days to Slow the Spread” of

COVID-19. This authority called for social distancing, avoiding

unnecessary travel and avoiding gatherings of more than 10 people.

Executive orders were enacted in almost all states requiring residents to stay

at home when not performing essential tasks.

Relief: DJ; Breach of Contract; Violation of NJ Consumer Fraud Act;

Case Name: Lettuce Entertain You Enterprises, Inc.,12 W. ELM LLC d/b/a Sparrow;

Chicago Scoops LLC; Gibsons L.L.C.; Golden Five, Inc.; G Dock, LLC

d/b/a Harbor Chicago; Hot Asian Buns, LLC d/b/a WOW BAO; Hubbard

House Restaurant LLC d/b/a Hubbard Inn; JB at River North d/b/a Old

Crow Smokehouse; JK Shields LLC d/b/a Smyth & The Loyalist; MAC

Parent, LLC; Manny’s Coffee Shop, Inc. d/b/a Manny’s Cafeteria &

Delicatessen; Noodles & Company; Roti Restaurants, Inc.; RPDC Illinois

LLC d/b/a Robert’s Pizza and Dough Company; Epic Burger, Inc.; Fast

Sandwich Holdings Inc.; 2263 N. Lincoln Corp. d/b/a The Dime; Bangers

& Lace Chicago LLC d/b/a Bangers & Lace Chicago; DDMB Inc. d/b/a

Emporium Arcade Bar; R.F.R., Inc. d/b/a Golden Corral Restaurant;

Sardharia Brothers, Inc. d/b/a Tandoor Char House; Second Venture LLC

d/b/a L3 Hospitality Group; Well Done Hospitality Group, DDMB2 LLC

d/b/a Emporium Arcade Bar; Bangers & Lace Evanston, LLC d/b/a Bangers

& Lace; Bangers & Lace Roscoe Village LLC d/b/a Kite String Cantina;

Barnbq LLC d/b/a Old Grounds Social; Bucktown Dysfunctional Pub, Inc.;

DB State LLC d/b/a Dough Bros; Busable Museum of African American

History, Inc.; Division Street Café LLC d/b/a Little Victories; Fulton Peoria

Partners LLC d/b/a Emporium Arcade Bar; GC Bloomingdale, LLC;

Hubbard Steak, LLC d/b/a Joy District; Chicago Academy of

Sciences/Peggy Notebaert Nature Museuml Jo-Kim Lounge Corp, d/b/a

Happy’s Bamboo Bar and Lounge; Logan Square Tavern LLC d/b/a Spilt

Milk; NAS Restaurant Group, Inc. d/b/a Mixed Greens; Primos LLC d/b/a

HVAC Pub; San Benedetto, LLC d/b/a Juliet’s; Urban Plates LLC v.

Employers Insurance Company of Wausau, Affiliated FM Insurance

Company; Argonaut Great Central Insurance Company; badger Mutual

Insurance Company; The Charter Oak Fire Insurance Company; The

Cincinnati Insurance Company; Citizens Insurance Company of America;

Hartford Fire Insurance Company; Illinois Casualty Company; Ohio

Security Insurance Company; North American Elite Insurance Company;

Sentinel Insurance Company, Limited; Society Insurance; Specialty Risk of

America d/b/a Spriska; Starr Surplus Lines Insurance Company; Secura

Supreme Insurance Company; Twin City Fire Insurance Company; Vigilant

Insurance Company; Zurich American Insurance Company

Venue: Circuit Court – Cook County – Illinois

Pltf Atty: Jenner & Block LLP (Chicago, Illinois)

Jenner & Block LLP (New York, New York)

Claim: Group of restaurants and cultural institutions suffered massive business loss

due to COVID-19 shutdown orders and restrictive reopening orders. “Each

and every one of Lettuce Entertain You’s restaurants was required to make

detrimental physical alterations to its premises” (¶96). Prospective Denial.

Coverage: All risk; Business interruption; Business income; Extra expense; No virus

exclusion;

Suspension: In March 2020, various executive officials issued shutdown orders in all

locations where Plaintiff’s operate businesses. On March 16, 2020

Governor Pritzker ordered that all food or beverage businesses cease

offering on-premise consumption. Food and beverage service businesses

also must maintain social distancing requirements and other safety

precautions within their establishments. On May 29, 2020, Governor

Pritzker allowed outdoor food and beverage consumption to resume, but

only in compliance with the regulations on physical space.

Relief: DJ; Breach of Contract; Unjust Enrichment

covid-19 coverage suits business...covid-19 coverage suits case name: french laundry v. the hartford...

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