Category: Commercial Property

Each January, attorney Randy Maniloff publishes his Top 10 court cases of the prior year. This year, one of his ten cases was what he considers the most significant COVID case of 2021. In this short article, I explain why I think this case is so important based on a premise overlooked in too many other cases.

The recent Surfside, Florida condominium building collapse has raised questions all over the country about whether property insurance covers the damage. Also of interest, especially given that the first lawsuit was filed in less than 24 hours following the collapse, is what liability coverage may come into play. This article addresses these issues and several lessons learned so far.

“Passion. Creativity. Tenacity. These are all traits exhibited by Plaintiff’s counsel in their opposition to Defendant Westchester Surplus Lines Insurance Company’s motion for judgment on the pleadings in this putative class action lawsuit for damages a restaurant allegedly sustained because of the COVID-19 pandemic.”

Yes, the Supreme Court has made a pro-policyholder decision on business income coverage for COVID-19 claims. However, this is the UK supreme court, not the US supreme court. To learn more about how or if this decision may impact U.S. claims, keep reading….