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Nationally, travelers prevail in COVID-19 related disputes



Federal courts in Atlanta and Los Angeles dismissed COVID-19 related lawsuits filed by restaurants against Nationwide Mutual Insurance Co. respectively Travelers Cos. Units, but a state court ruled an Ohio restaurant against Cincinnati Insurance Co.

Nationwide unit Allied Insurance Co. of America won against disputes filed by Henry & # 39 ;s Louisiana Grill Inc. Henry & # 39 ;s Louisiana Grill, Inc. et al. v. Allied Insurance Co. of America, in Tuesday's decision by the U.S. District Court in Atlanta.

The U.S. District Court in Los Angeles ruled Friday in favor of Travelers Unit Travelers Indemnity Co. of America in lawsuits filed by a restaurant in Los Angeles, Mark & ​​# 39 ;s Engine Co. No. 28 Restaurant LLC and Mark & ​​# 39 ;s Engine Co. No. 28 Restaurant vs. Travelers Indemnity Co. in Connecticut et al.

However, a state court at the Lorain County Court of Common Pleas in Elyria, Ohio, refused to dismiss business interruption litigation filed by a restaurant in Vermilion, Ohio, Francois Inc., against The Cincinnati Insurance Co. Francois Inc. vs. Cincinnati Insurance Co.

In the national case, the insurer denied coverage to Henry's Louisiana Grill and Henry & # 39 ;s Uptown, an affiliated private party space, according to its policy based on the language of its business revenue and its viruses or bacteria. exclusion. [1

9659002] The plaintiffs claimed that the Georgia governor's executive order to close the operation generated a physical change that warranted coverage. "The appellant's allegation of a physical change here is curious," the verdict said. Plaintffs repeatedly notes that COVID-19 has never been identified on the premises. … Therefore, no physical change as a result of the presence of the virus can be argued here.

"Instead, the plaintiffs tossed the governor's executive order to introduce some physical change to the covered premises. According to the plaintiffs' logic, one minute before the governor issued the order, the canteens were in a state. One minute later, the governor issued the order and the restaurant underwent a direct physical change that left the canteens in a different state. and collectively beyond what any clear opinion can support, "appears in the decision and granted Nationwide's proposal to dismiss the case. the restaurant did not allege that any insurance policy was applicable, and even assuming that it could reasonably claim direct physical loss or damage to its premises, virus exemptions preclude coverage. September, said, "The complaint states claims that undoubtedly fit the insurance will the terms and conditions and therefore claims and defense must be developed with a record. The parties should continue with a discovery of liability / coverage while the issues of damages are twofold.

The Court established a telephone conversation on 27 October.

Cincinnati Insurance said in a statement, "We respect the legal process. As this case continues, we believe that the Court will ultimately apply the language of our policy agreement. Our commercial property insurances require direct physical damage or loss of property and do not provide coverage in this case.

Lawyers in the Nationwide and Travelers cases and the plaintiff's lawyer in the Ohio case could not be reached for comment. [19659002] More insurance and risk management news about the coronavirus crisis here . Catalog

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