SDV Insights

COVID-19 Active Cases

Disclaimer: This material is made available for general informational purposes only.  Readers are advised to independently verify the information contained herein. This material is not intended to, and does not constitute, legal advice, nor is it intended to constitute a solicitation for the formation of an attorney- client relationship. Please note, SDV does not represent any parties mentioned within the “COVID-19 Coverage.”

 

Alabama

Restaurant

• Sharecropper LLC d/b/a Ollie Irene v. Farmers Insurance Exchange, Inc (Business Interruption Claim/Litigating issues related to existence of Direct Physical Loss or Damage to trigger coverage and application of Virus Exclusion to Covid-19)

Retail Stores

• Wagner Shoes v. Auto-Owners Insurance Co. (Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

 

California

Restaurants

• French Laundry Partners, LP dba The French Laundry, et al. v. Hartford Fire Insurance Company, et al., (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Scratch Restaurants LLC et al v. Farmers Insurance Group Inc. et al (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Outerlands, Inc v. Truck Insurance Exchange (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage and Insurer's Bad Faith)
• Caribe Restaurant & Nightclub Inc. v. Topa Insurance Co. (Class Action/ Business Interruption/ Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)
• John’s Grill, Inc. v. The Hartford Financial Services Group (Business Interruption Claim/Litigating issue of related to existence of Direct Physical Damage or Loss to trigger coverage and Bad Faith).
• Musso & Frank Grill v. Mitsui Sumitomo Insurance USA, Inc. (Business Interruption Claim/Litigating application of virus exclusion)
• Pez Cantina v. Travelers Indemnity Company
• Nari Suda LLC d/b/a Nari and Pakin Corp. v. Oregon Mut. Ins. Co. (Business Interruption Claim seeking declaration of coverage under Lost Business Income and Civil Authority coverage and alleging bad faith against carrier)
• Kingray Inc. d/b/a La Quinta Beer Hunter v. Farmers Group Inc. et al. (Business Interruption Claim litigating issue of Direct Physical Loss and application of Mold and Microorganism Exclusion, Virus Exclusion, Fungi, Wet Rot, Dry Rot and Bacteria Exclusion to Covid-19 related losses)

Office/Restaurants/Business Center

• Geragos & Geragos v. The Travelers Indemnity Co. of Connecticut et al. (Business Interruption Claim/Litigating issues regarding existence of Direct Physical Damage or Loss to trigger coverage, application of civil authority coverage, and application of virus exclusion to Covid-19)
• Travelers Casualty Ins Co. of America v. Geragos & Geragos (Federal Counterpart of Business Interruption Claim above/Litigating issues regarding existence of Direct Physical Damage or Loss to trigger coverage, application of civil authority coverage, and application of virus exclusion)

Retail Stores

• Moda LLC et al. v. Hartford Fire Insurance Co (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Hair Salon

• Hair Perfect International Inc. v. Sentinel Insurance Company Limited

Local Shop

• Pigment Inc. v. The Hartford Financial Servs. Group, Inc. and Sentinel Ins. Co., LTD. (Class Action/Business Interruption claim litigating issues regarding extra expense coverage, business income coverage, and civil authority coverage, including whether direct physical loss has occurred and whether the virus exclusion on the policy is applicable to Covid-19)

Holocaust Organization

• Simon Wiesenthal Center Inc. et al. v. Chubb Group of Insurance Companies/Federal Insurance Co. (Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

 

Connecticut

Fitness Center

• Rencana LLC et al v. Hartford Financial Services Group, Inc. and Sentinel Ins. Co., LTD (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Daycare

• Little Stars Corp. v. Hartford Underwriters Ins. Co. (Business Interruption Claims/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Trucking School

• Consulting Advantage Inc., v. The Hartford Fire Ins. Co. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

Florida

Event Venue

• Map Legacy Inc. d/b/a Signature Grand v. Zurich American Insurance

Scuba Shop

• Mace Marine Inc. dba Conch Republic Divers v. Tokio Marine Specialty Insurance Co. (Business Interruption/ Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Restaurants

• Prime Time Sports Grill, Inc dba Prime Time Sports Bar v. Certain Underwriters at Lloyd’s London (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• El Novillo Restaurant et al v. Certain Underwriters at Lloyd’s London et al (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Cafe International Holding Company v. Chubb Limited (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• SA Palm Beach LLC v. Certain Underwriters at Lloyds London et al.
• Investments PH LLC, d/b/a Taikin Asian Cusine v. Western World Insurance Co. (Business Interruption Claim)
• Sun Cuisine, LLC d/b/a Zest Restaurant and Market v. Certain Underwriters at Lloyd's London (Class Action/Business Interruption Claim seeking declaration of coverage under policy's extra expense and business income coverage parts)

Beauty Salon

• Atma Beauty Inc. v. HDI Global Specialty SE, et al. (Class Action/Business Interruption claim litigating issues regarding extra expense coverage, business income coverage, and civil authority coverage included whether direct physical loss has occurred)

Ice Cream Stores

• GV KB Store LLC d/b/a Stefano Versace Gelato and GV SIESTAKEY LLC d/b/a Stefano Versace Gelato v. Scottsdale Ins. Co. (Class Action/Business Interruption Claim seeking declaration of coverage under policy's extra expense, business income, and civil authority coverage parts)

Fitness Center

• Fitness OM LLC d/b/a Pilates v. Arch Inc. Co. (Business Interruption Claim seeking declaration of coverage under policy's Fitness Endorsement, Business Income Coverage Parts for Covid-19 related shutdown losses)

 

Georgia

Restaurant/Bar

• The K's Inc. v. Westchester Surplus Lines Insurance Company

 

Illinois

Restaurant/Movie Theaters

• Big Onion Tavern Group LLC, et al.  v. Society Insurance, Inc, et al. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Maillard Tavern LLC v. Society Insurance Inc. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• PGB Restaurant Inc. et al., v. Erie Insurance Company (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage and insurer's intention due to lack of virus exclusion)
• JDS 1455 Inc. d/b/a West on North v. Society Insurance
• Dunlays Management Services, LLC et al. v. Society Insurance
• Roscoe Same LLC, et al. v. Society Ins. (Class Action/Busienss Interruption Claims)
• 3 Squares, LLC at al. v. The Cincinnati Inc. Co. (Class Action/Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Dentist

• Sandy Point Dental PC v. The Cincinnati Insurance Co. et al. ( Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Candy Products

• JDL Inc. d/b/a Vegas Image and LV Candy LLC v. Valley Forge Inc. Co. (Class Action/Business Interruption Claim seeking declaration of coverage under policy's extra expense, business income, and civil authority coverage parts)

Travel Insurance

• Kari and Matthew Nixon et al. v. Generali US Branch (Class Action/Trip and Travel Insurance Policy/Litigating issues regarding "covered event" under the policy)

 

Indiana

Repertory Theatre

• Indiana Repertory Theater Inc. v. The Cincinnati Casualty Co. (Business Interruption/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

Kentucky

Brewery

• Goodwood Brewing LLC v. United Fire Group and United Fire & Casualty Co. (Business Interruption Claim requesting declaratory judgement of coverage under Dependent Property Coverage, Civil Authority Coverage, Business Income and Extra Expense.  Litigating issues of whether direct physical loss has occurred to trigger coverage for Covid-19 and whether insurer has engaged in bad faith)

 

Louisiana

Restaurant

• Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s of London, et al. (“Oceana Grill”) (Business Interruption/Litigating issues regarding existence of Direct Physical Damage or Loss to trigger coverage and application of virus exclusion to Covid-19)
• Station 6, LLC v. Certain Underwriters at Lloyd's London (Class Action/Business Interruption Claim)
• New Orleans Hamburger & Seafood Co. v. Starr Surplus Lines Inc. Co. (Class Action/Business Interruption Claim)

Boutique Hotel Group

• Nola Group Hotel, LLC v. Starr Surplus Lines Ins. Co. (Class Action/Business Interruption Claim seeking declaration of coverage under policy's extra expense, business income, civil authority, and extended business income coverage parts)

Retail Store

• Odyssey Imports, Inc. v. The Charter Oak Fire Ins. Co. (Business Interruption Claim litigating coverage under busienss income, extra expense, and civil authority coverage parts of the policy)

Bar

• Scorpio Rising, Inc. v. Nautilus Ins. Co. (Class Action/Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

Michigan

Vacation Rental Property Owners

• Doug Coates and Marcia Hille v. Foremost Ins. Co. (Class Action/Seeking declaration of coverage of Loss of Rents under property policy)

 

Missouri

Embroidery/Advertising Company

• Promotional Headware Int'l v. Cincinnati Insurance Company

Restaurant

• Grand Street Dining LLC et al v. The Cincinnati Insurance Company
• Ja-Del Inc. v. Zurich American Ins. Co., et al. (Business Interruption Claim/Litigating applicability of microorganism exclusion)

Hamburger/Hot Dog Stand

• Zwillo V, Corp, d/b/a Westport Flea Market Bar & Grill. v. Lexington Insurance Co. (Class Action/Business Interruption Claim/Litigating issue related to existence of Direct Phsyical Damage or Loss to trigger coverage)

Radiology Practice

• Alliance Radiology PA v. CNA Financial Corp. (Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

Hair Salon

• Studio 417, Inc. v. The Cincinnati Ins. Co. (Class Action/Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

Minnesota

Coffe Shop

• Young Blood Coffee Roasters, LLC v. State Auto Property & Casualty Insurance Co.(Class Action/Business Interruption Claim)

 

Nevada

Restaurant

• Egg and I, LLC et al. v. U.S. Specialty Insurnce Company et al.
• Egg Works Holding Co., LLC et al. v. Acuity (Class Action/Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Advertising Agency

• Levy Ad Group, Inc et al. v. Chubb Corp. et al. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

New Jersey

Restaurants

• Grand Cru LLC d/b/a Restaurant Nicholas v. Liberty Mutual Insurance Co. (Business Interruption Claim/Litigating issues related to existence of Direct Physical Loss or Damage to trigger coverage and application of Virus Exclusion to Covid-19)
• Truhaven Enterprises Inc. d/b/a Florino Ristorante v. Chubb Ltd. et al. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• N&S Resturant LLC v. Cumberland Mutual Fire Inc. Co. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

New York

Restaurants

• SA Hospitality Group, LLC et al. v. The Hartford Financial Group, Inc.
• Gio Pizzeria & Bar Hospitality LLC et al. v Certain Underwriters at Lloyds, London et al. (Class Action/ Business Interruption Claim/ Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)
• Camp 1382 LLC v. Lancer Ins. Co. (Class Action/Business Interruption Claim)

Corporate Office Supply Business

• Buffalo Xerographix Inc. v. Sentinel Insurance Co. (Class Action/Business Interruption Claim/Litigating issue related to existence of DIrect Phsyical Damage or Loss to trigger coverage)

Real Estate Company

• Thor Equities, LLC v. Factory Mutual Ins. Co. (Business Interruption Claim/Litigating availability of coverage under the policy's Communicable Disease Response, Interruption by Communicable Disease, Decontamination Costs, Extra Expense, and Time Element coverage parts)

Caterer

• Food for Thought Caterers, Corp. v. The Hartford Financial Services Group, Inc. et al. (Class Action/Business Interruption Claim/Litigating issues regarding a pollutants exclusion)

Dentist

• Sharde Harvey DDS PLLC v. The Hartford Financial Services Group and Sentinel Insurance Co. LTD (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

 

Ohio

Clothing Company

• SOMCO (J3 Clothing Co.) v. Lightning Rod Mutual Insurance Company (Business Interruption)

Bridal Shop

• Bridal Expressions LLC v. Owner Insurance Co. (Class Action/ Business Interruption Claim/ Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

Ice Cream Shop

• Mitchell Brothers Ice Cream Inc. v. The Cincinnati Insurance Company (Business Interruption claim/Litigating issue of existence of Direct Physical Loss to trigger coverage)

Restaurants

• Millennia Hospitality Group v. The Cincinnati Insurance Co. (Business Interruption Claim)

• Torre Rossa LLC v. Liberty Mutual Insurance Company: (Class Action/Business Interruption Claim/Litigating application of virus exclusion and bad faith)

• Nighttown, Inc. v. The Cincinnati Insurance Co. (Class Action/Trip and Travel Insurance Policy/Litigating issues regarding 'covered event' under the policy)

• Henderson Road Systems, Inc. v. Zurich American Ins. Co. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Optometry

• Systems Optic v. Twin City Fire Insurance Co. (Business Interruption Claim/Litigating Issue related to existence of Direct Physical Damage or Loss to trigger coverage)

Beer Pub

• Troy Stacy Enterprises Inc. v. Cincinnati Insurance Co.

Hair Salon

• Dino Palmieri Salon v. State Auto Mutual Insurance Company

 

Oklahoma

Casinos

• Chickasaw Nation Dept. of Commerce v. Lexington Insurance Co., et. al. (Business Interruption Claim/Seeking preemptive declaration of civil authority, extra expense, and business interruption coverage)
• Choctaw Nation of Oklahoma v. Lexington Insurance Co., et. al. (Business Interruption Claim/Seeking preemptive declaration of civil authority, extra expense, and business interruption coverage)

 

Oregon

Investment Group

• Dakota Ventures LLC v. Oregon Mutual Co. (Class Action/ Business Interruption Claim/ Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

 

Pennsylvania

Restaurants

• LH Dining LLC v. Admiral Indemnity Co. (Business Interruption Claim/Litigating issue related to application of virus exclusion)
• HTR Restaurants Inc. d/b/a Siebs Pub v. Erie Insurance Exchange (Business Interruption Claim/Seeking declaration of coverage under business income, civil authority, extra expense, contamination cleanup coverages)
• Joseph Tambellini Inc. v. Erie Insurance Exchange (Business Interruption Claim/Seeking declaration of coverage under business income, civil authority, extra expense, contamination cleanup coverages)
• Newchops Restaurant Comcast LLC v. Admiral Insurance Company (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Lansdale 329 Prop, LLC. et al. v. Hartford Underwriters Ins. Co. et al. (Class Action/Busienss Interruption claim litigating issues regarding extra expense coverage, busienss income coverage, and civil authority coverage included whether direct physical loss has occurred and whether the virus exclusion in the policy is applicable to Covid-19)
• Milkboy Center City LLC v. The Cincinnati Ins. Co., et al. (Class Action/Business Interruption claim litigating issues regarding extra expense coverage, business income coverage, and civil authority coverage included whether direct physical loss has occurred)
• DiAnoia's Eatery LLC v. Motorists Mutual Insurance Co. (Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)
• Humans & Resources, LLC v. Hartford Mutual Ins. Co. (Business Interruption Claim)

Metal Fabricator

• C.A. Spalding Co. v. Selective Insurance Group Inc. et al. (Civil Authority Interruption Coverage/litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Daycare

• Dakota Girls, LLC, et al. v. Philadelphia Indemnity Insurance Company

Medical Center

• Windber Hospital d/b/a Chan Soon Shiong Medical Center et al. v. Travelers Property Casualty Company of America

Amusement Park

• Chester County Sports Arena v. The Cincinnati Specialty Underwriters Insurance Company

Dentist

• Laudenbach Periodontics and Dental Implants, LTD v. Liberty Mutual Ins. Group, et al. (Class Action/Busienss Interruption claim litigating issue regarding whether Covid-19 constitutes Direct Physical Loss to trigger coverage)
• Eric R. Shantzer, DDS d/b/a Richboro Dental Excellence v. Travelers Casualty Ins. Co. of America (Business Interruption Claim seeking declaration of coverage for Covid-19 related shutdown losses)

Car Dealership

• Geneva Foreign v. Sports, Inc. v. Erie Ins. Co. of New York, et al. (Business Interruption, Property Damage and Extra Expense claim litigating issues of "direct physical loss or damage" and whether governmental authority triggered coverage)
• Bowser Automotive Inc. v. Chubb Group of Ins. Cos. and Federal Ins. Co. (Business Interruption and Property Damage Claim seeking declaration of coverage)

Law Office

• Sidkoff, Pincus & Green PC v. Sentinel Ins. Co. Ltd. (Business Interruption Claim litigating whether civil authority closures resulted in physical loss or damage from Covid-19)

 

Tennessee

Concert Venue

• Nashville Underground v. Nationwide Property & Casualty

 

Texas

Wig Shop

• Barbara Lane Snowden, DGA Hair Goals Club v. Twin City Fire Insurance Co. (Business Interruption)

Restaurants

• Lombardi Family Concepts v. Indemnity Insurance Company of N. America

Barber Shops

• Outlaws & Gents Grooming, LLC et al v. State Farm Lloyds (Business Interruption/Litigating issue of existence of Direct Physical Loss to trigger coverage and Bad Faith)

Movie Theatre Chain

• SCGM, Inc v. Certain Underwriters at Lloyd’s London (Business Interruption/Litigating issue regarding whether Covid-19 qualifies as pandemic event for purposes of Pandemic Event Coverage extension)

Dentist

• Christie Jo Berkseth-Rojos DDS v. Aspen American Insurance Co. (Class Action/ Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

 

Virginia

Restaurant

• Guajillo Mexican Restaurant v. The Hartford's Twin City Fire Insurance Co. (Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)

 

Washington DC

Restaurant

• Proper Ventures LLC v. Seneca Insurance Co. Inc. (Business Interruption/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

• GCDC LLC d/b/a Grilled Cheese Bar v. The Hartford Financial Services Group, Inc. (Class Action/Business Interruption/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage, Pollution Exclusion, Virus Exclusion, and Issued related to Civil Authority)

 

Washington State

Dentist

• Mikkelson DDS v. Aspen American Insurance Company (Business Interruption Claim)
• Ryan M. Fox, DDS v. Travelers Casualty Insurance Company of America (Class Action: Business Interruption Claim/Seeking declaration on coverage under busienss income, extra expense and civil authority claim)
• Nguyen v. Travelers Casualty Insurance Company of America (Class Action: Business Interruption Claim)
• Wade K. Marler v. Aspen American Insurance Company
• Pacific Endodontics P.S.v. Ohio Casualty Insurance Company
• Prato, D.D.S P.L.L.C. v. Sentinal Insurance Co. Limited (Class Action/Business Interruption Claim/Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage)
• Lina Kim, DDS, P.S. v. Sentinel Ins. Co. Ltd. (Class Action Business Interruption Claims)
• Mark Germack DDS v. The Dentists Ins. Co. (Class Action/Business Interruption Claims)
• Andrew Lee, DDS v. Sentinel Ins. Co. (Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)
• Chorak v. Hartford Casualty Ins. Co. (Class Action/Business Interruption Claim/Litigating issue of existence of Direct Physical Damage or Loss to trigger coverage)

Restaurant

• Stan's Bar-B-Q LLC v. The Charter Oak Fire Insurance Company

 

Wisconsin

Bakery

• Rising Dough Inc. et al. v. Society Insurance. (Class action Business Interruption/ Litigating issue related to existence of Direct Physical Damage or Loss to trigger coverage) 

Restaurants

• AI Johnsons' Swedish Restaurant v. Society Insurance
• Colectivo Coffee Roasters v. Society Insurance of Fond du Lac (Business Interruption Claim)
• Tandem Restaurant v. Society Insurance of Fond du Lac

Concert Venue

• Pabst-Riverside Theater Group v. Cincinnati Insurance Company (Business Interruption Claim)

Furniture Store

• Biltrite Furniture Inc. v. Liberty Mutual Insurance Company