Another Court Rules That the Time Courts Were Closed Due to COVID-19 Pandemic Are Not To Be Deducted From the Delay Damages Computation
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Court Shutdowns Due to COVID-19 Pandemic Did Not Stop The Time For Delay Damages
Business Interruption Coverage Claim Denied Relative to a Restaurant
In the case of KWB Enter. Inc., v. Nationwide Gen. Ins. Co., 2:20-CV-05195-MSG (E.D. Pa. Jan. 31, 2022 Goldberg, J.), the court granted a Defendant insurance company’s Motion to Dismiss a restaurant’s claims for alleged losses allegedly arising from COVID-19 closure, as well as the alleged public perception of restaurants as dangerous due to COVID-19.
In so ruling, the Court found that the Plaintiff’s “business income,” claim failed because the Plaintiff’s claims were inconsistent with…
Daycare and Preschool Loses Bid To Secure Coverage Under Its All-Risk Policy for COVID-19 Losses
In the case of BSD-360, LLC v. Phila. Indem. Ins. Co., No. 20-4719 (E.D. Pa. Jan 13, 2022 Pratter, J.), an insurance carrier’s Motion to Dismiss was granted in a COVID-19 coverage case after the court ruled that the “insured gets what protection he pays for” and found that, while the policy in question covered losses for property damages and contains provisions related to communicable diseases, the Court found that the Plaintiff’s claims were not…
Court Dismisses Class Action Seeking Partial Refunds of College Tuitions Relative to COVID-19 Virtual Classes
Court Rejects Plaintiff's Blaming COVID-19 Pandemic As a Reason for Failing to Complete Good Faith Efforts at Service
In the case of Bellan v. Penn Presbyterian Medical Center, 2022 Pa. Super. 32 (Pa. Super. Feb. 22, 2022 Bender, P.J.E., Murray, J., and Stevens, P.J.E.) (Op. by Stevens, P.J.E.), the Pennsylvania Superior Court affirmed a trial court’s dismissal of a Plaintiff’s medical malpractice Complaint with prejudice based upon service of process issues.
According to the Opinion, the issue presented to the appellate court was whether the medical provider Defendant being closed for service for…
Microorganism Exclusion Found to Preclude Coverage for Business Shut Down by COVID-19 Pandemic Closure Order
In the case of Big Red Management Corp. v. Zurich Amer. Ins. Co., No. 2:20-CV-02113-KSM (Jan. 7, 2022 Marston, J.), the court ruled that a restaurant was not entitled to coverage for business losses allegedly caused by COVID-19 governmental closure orders where the insurance policy in question contained a microorganism exclusion.
The court also noted that coverage was properly denied by the carrier in that there had been no evidence of any direct physical damage…
Personal Injury Claim By Family Claiming Worker Died From COVID-19 Virus Contracted At Work Dismissed Under Worker's Compensation Act
In the case of Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. 6, 2021 Diamond, J.), the court ruled that a claim that an employer willfully or wantonly exposed its employees to the COVID-19 virus was insufficient to overcome the exclusivity provisions of the Worker’s Compensation Act. As such, the Defendant’s Motion to Dismiss was granted.
In this matter, the Plaintiff’s decedent passed away allegedly due to complications from the COVID-19 virus.
The…
Pennsylvania Superior Court Addresses Forum Non Conveniens Doctrine [Non-Precedential]
In the case of Green v. CSX Transp., Inc., No. No. 2218 EDA 2020(Pa. Super. Dec. 21, 2021 Collins, J., DuBow, J., and Murray, J.) (Op. by Collins, J.)[Non-Precedential Decision], the Pennsylvania Superior Court found that a Defendant’s Motion to Dismiss for forum non conveniens was valid and should have been granted by the trial court.
According to the Opinion, the Plaintiff, who was a Maryland resident, alleged that he developed cancer from exposure to…
Link to Compilation of COVID-19 Business Interruption Coverage Cases Nationwide
The University of Pennsylvania School of Law has been tracking COVID-19 Business Interruption Coverage cases on a nationwide basis. That compilation can be found at this Link:
https://cclt.law.upenn.edu/.…