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Fly Eagles Fly

January 8, 2023

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In the case of Philadelphia Eagles, LP v. Factory Mut. Ins. Co., No. 2:21-CV-01776-MMB (E.D. Pa. Dec. 15, 2022 Baylson J.), the court denied a carrier’s Motion to Dismiss in a case involving the Philadelphia Eagles seeking coverage from their carriers for financial losses associated with the COVID-19 pandemic and governmental closure orders. The Eagles had a $1 Billion Dollar policy in this regard. The carrier moved to dismiss and asserted exclusions in the policies.…

Tort Talk

ARTICLE: 2022 Year-End Review: Use of Zoom Becomes the Norm, Several Law Changes

By Daniel Cummins

December 30, 2022

Here is a republication of my year-end review article outlining the important trends and cases from over the past year in Pennsylvania civil Litigation matters. The article was published in the Pennsylvania Law Weekly on December 22, 2022 and is republished here with permission. 2022 Year-End Review: Use of Zoom Becomes the Norm, Several Law Changes By Daniel E. Cummins December 22, 2022, Pennsylvania Law Weekly As the world came out of this side of the…

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THE TORT TALK 2022 TOP TEN

By Daniel Cummins

December 28, 2022

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Here is the 2022 Tort Talk Top Ten — an annual listing of some of the notable cases and top trends in Pennsylvania civil litigation law from over the past year or so as highlighted in Tort Talk blog posts: 10. BUSINESS INTERRUPTION COVERAGE CASES TREND The state and federal courts of Pennsylvania grappled with the issue of whether the business interruption coverage provisions under business insurance policies were triggered by the governmental shutdown orders…

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In A Case of First Impression Pennsylvania Superior Court Rules Against COVID-19 Related Business Interrupt Coverage Claim

By Daniel Cummins

December 5, 2022

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In the case of MacMiles v. Erie Insurance Exchange, No. 1100 WDA 2021 (Pa. Super. Nov. 30, 2022) (en banc), the Pennsylvania Superior Court reviewed, as an issue of first impression, whether the Plaintiff insured tavern was entitled to business interruption coverage under its policy of insurance related to the COVID-19 pandemic. According to the Opinion, the insurance company denied the claim based on the fact that the Plaintiff’s commercial property itself did not suffer…

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On The Same Day Pennsylvania Superior Court Rules in Favor of COVID-19 Related Business Interruption Coverage

By Daniel Cummins

December 5, 2022

In the case of Ungarean v. CNA and Valley Forge Ins. Co., No. 490 WDA 2021 (Pa. Super. Nov. 30, 2022) (en banc), the court ruled in favor of a Plaintiff on a business interruption coverage claim related to business losses suffered when the business was closed by governmental orders issued during the COVID-19 pandemic. According to the Opinion, this case involved a dental practice. In this matter, the Pennsylvania Superior Court affirmed a lower…

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Carrier Wins Another COVID-19 Business Interruption Coverage Case

By Daniel Cummins

November 23, 2022

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In the case of In Re Erie COVID-19 Bus. Interruption Prot. Ins. Litig., No. 1:21-mc-1 (W.D. Pa. Oct. 14, 2022 Hornak, J.), the court granted the Defendant carrier’s Motion to Dismiss the Plaintiffs’ action for coverage for COVID-19 business losses under their commercial property insurance. The court found that the Plaintiffs did not show the required direct “physical loss or damage to” their properties. The court additionally found that the policy’s virus exclusion provisions also…

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Carrier Prevails In Another Business Interruption Coverage Case Arising Out of COVID-19 Closures

By Daniel Cummins

November 23, 2022

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In the case of The Foundation for Indiana University of Pennsylvania v. Utica Nat’l Ins. Group, No. 2:22-CV-01126-AJS (W.D. Pa. Oct. 6, 2022 Schwab, J.), the court ruled that, given the language of a business insurance policy’s virus exclusion, and based upon the facts as pled by the Plaintiffs, the court ruled that business interruption coverage would be excluded for any of the Plaintiffs’ alleged economic losses and countered when the four (4) dormitories on…

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Motion to Dismiss Granted in Declaratory Judgment Action Over Coverage for Covid-19 Shutdowns

By Daniel Cummins

November 16, 2022

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In the case of Reconstructive Orthopeadic Assoc. v. Zurich Am. Ins. Co., No. 21-4003 (E.D. Pa. Sept. 29, 2022 Savage, J.), the court granted a Defendant carrier’s Motion to Dismiss a Plaintiff’s claims for insurance coverage for business losses due to COVID-19 shutdown Orders. The court found that the Plaintiff’s claims in this regard fail because the Plaintiff did not allege any direct physical loss of or damages to its properties. The court additionally found…

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PLEASE NOTE: Lessons From The Godfather CLE Set For This Friday Has To Be Rescheduled

By Daniel Cummins

October 12, 2022

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LESSONS FROM THE GODFATHER CLE TO BE RESCHEDULED I am not swimming with the fishes. I am unfortunately under the weather this week (Not Covid) and one of my symptoms is laryngitis! My apologies for the inconvenience. We will work to get this CLE rescheduled to take place within the next 30 days. Thank you.…

Tort Talk

Claims Against Nursing Home Related to Contracting Covid-19 Allowed to Proceed

By Daniel Cummins

October 4, 2022

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In the case of Testa v. Broomall Operating Co., L.P., No. 21-5148-KSM (E.D. Pa. Aug. 18, 2022 Marston, J.), the court denied a Defendant’s Motion to Dismiss a Plaintiff executrix’s lawsuit over her mother’s death that allegedly resulted from contracting COVID-19 while residing at the Defendant’s nursing and rehabilitation facility. The court found that the Defendant was not shielded from liability by the Public Readiness and Emergency Preparedness Act, or the Pennsylvania Emergency Management Services…