On Friday, July 2, 2021, the Eighth Circuit Court of Appeals rendered a decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company, Case No. 20-3211 (8th Cir. July 2, 2021), upholding the decision of the trial court from the United States District Court for the Southern District of Iowa. Attorney Ryan P. Maxwell provides updates.

Insurance Coverage Attorney Scott D. Storm was featured in the Summer 2021 edition of SIU Today for his article, "Remote Virtual EUOs—No Need for Bathroom Breaks Anymore!" Scott's article focuses on whether it is effective to return to conducting examinations under oath in-person or remotely, post-pandemic. 

Business & Commercial Litigation Chair Andrea Schillaci and Insurance Coverage Associate Ryan P. Maxwell were recently published in the New York Law Journal for their article on the scope of commercial insurance coverages, including supply chain and contingent business interruption.

Insurance Coverage Chair Dan Kohane, Members Lee Siegel and Diane Bucci, and Associate Brian Barnas, were recently published in Law360’s Expert Analysis section for their article on new legislation being debated in Albany.

Insurance Coverage attorneys Dan D. Kohane and Ryan P. Maxwell were featured in NYIA's First Quarter 2021 edition of Your NY Connection magazine for their article "Courts ... Uh, Hello? Hindsight is 2020."

The agency has the burden to demonstrate that the requested material falls squarely within a FOIL exemption by articulating a particularized and specific justification for denying access, otherwise disclosure is compelled. Conclusory assertions are insufficient to deny access. Alternatives must also be considered, such as providing summaries of factual data or the records with the challenged information redacted.

Most policies provide language requiring that examinations under oath are to be conducted separately, while not in the presence of any other insured. But what about when claims are litigated that were denied based on fraud related defenses—are the plaintiffs sequestered from one another during depositions? 

In a case of first impression, a Connecticut federal court held that a standard virus exclusion precludes coverage for claims of COVID-19-caused business income loss. The insured argued that the loss was caused by stay-at home orders, not the virus, but the court rejected that argument finding that the executive orders were inseparable from the virus itself.

Insurance Coverage Attorney Ryan P. Maxwell was featured in a profile from Business First on December 17, 2020, speaking about business interruption cases stemming from COVID-19 and his career experience. 

Hurwitz & Fine attorneys Lee S. Siegel and Ryan P. Maxwell were featured in the DRI In-House Defense Quarterly Fall 2020 publication for their article, "A One-Two Punch: Michigan State Court Renders First Substantive COVID-19 Decision and It's Big News for Carriers."

Hurwitz & Fine attorneys Dan D. Kohane and Diane L. Bucci partnered with Sherri Pavloff of Stonberg Moran, LLP for the article "Mighty Changes for Declaratory Judgment," which was featured in NYIA's Third Quarter 2020 edition of Your NY Connection magazine.

Insurance Coverage Attorney Ryan P. Maxwell was quoted in the September 22, 2020 edition of Carrier Management.

Attorney Lee S. Siegel provides insight into the Supreme Court of Connecticut case, Nash Street, LLC v. Main Street America Assurance Co.

Hurwitz & Fine’s Coverage Team has compiled a survey of known COVID-19 business interruption complaints filed to date.

Attorneys Michael J. Dischley and Lawrence M. Ross examine choices made by subcontractors or vendors in selecting commercial general liability insurance coverage that can unexpectedly harm the owner/general contractor, let alone, the subcontractor. 

The Joint Panel on Multidistrict Litigation, in a widely anticipated ruling, declined to consolidate all federal COVID-19 business interruption litigation into a single action.

A second court has now found that a typical property insurance policy does not provide business interruption coverage for COVID-19 losses.

Hurwitz & Fine's Insurance Coverage team was quoted in Claims Journal and Insurance Journal on July 7, 2020 for its analysis of the first COVID-19 decision last week by a trial court judge in Lansing, Michigan.

Attorney Lee S. Siegel was quoted in the Best's Insurance News & Analysis July 6, 2020 article.

The Hurwitz & Fine Coverage Team prepared a consolidated resource document comprised of legislative summaries for all proposed state and federal legislation to date concerning COVID-19 business interruption coverage.