UP PUBLICATIONS

• Can businesses rely on insurance to overcome COVID-19 losses? (Bach Talk - March 19, 2020)
• Business Insurance and COVID-19 losses (4/1/2020)
• Getting (Back To) Business Interruption Insurance

PUBLICATIONS BY UP SPONSORS

Anderson Kill

• Covid Library

Covington

• Legal and Business Toolkit

Gauthier Murphy & Houghtaling, LLC

• News Library

Hunton Andrews Kurth

• Coronavirus Resource Center
• Letter to the Editor Re: "SARS, Insurers Changed Policies Covering Businesses"
• Hunton Andrews Kurth LLP: Coronavirus (COVID-19) Insurance Coverage Materials
• COVID-19 Complaint Tracker

Merlin Law Group

• Property Insurance Coverage Law Blog

Reed Smith

• Insurance recovery for COVID-19
• Virus exclusion for COVID-19 and insurers

Rutter & Russin, LLC

• Businesses are asking the wrong question about insurance coverage for coronavirus shutdowns

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STATE ⌄

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Penn Law

• Covid Coverage Litigation Tracker

United States Judicial Panel on Multidistrict Litigation

• Brief of Interested Party Amicus Curiae United Policyholders in Opposition to Motions to Transfer Pursuant to 28 U.S.C. 1407

ALABAMA

• Circuit Court of Jefferson County, Alabama Tenth Judicial Circuit
  COMPLAINT (Sharecroopper LLC v. Farmers Insurance Exchange)
• United States District Court for the Northern District of Alabama Western Division
  COMPLAINT FOR DECLARATORY JUDGMENT (Wagner Shoes, LLC v. Auto-Owners Insurance Company)

CALIFORNIA
Superior Court of the State of California Los Angeles County ⌄

California more ⌄

• United States District Court Central District of California
  COMPLAINT FOR DECLARATORY JUDGMENTS AND DEMAND FOR JURY TRIAL (Travelers v. geragos)
  COMPLAINT AND DEMAND FOR JURY TRIAL (In-n-out Burgers v. Zurich American Insurance Co.)
  • Notice of Motion and Memorandum of Points and Authorities in Support of Defendant Geragos & Geragos, APC's Motion to Dismiss Complaint (Travelers v. Geragos)
• Defendant Travelers Casualty Insurance Company of America's Memorandum of Points and Authorities in Support of Motion to Dismiss (Geragos & Geragos Fine Arts Building, LLC v. The Travelers Indemnity Company of Connecticut)
• United States District Court Central District of California Western Division
  CLASS ACTION COMPLAINT for: (1) Breach of Contract; and (2) Declaratory Judgment (Caribe Restaurant & Nightclub, Inc. v. Topa Insurance Co.)
• Superior Court of California - County of Napa
  COMPLAINT FOR DECLARATORY RELIEF (French Laundry vs. Hartford)
• Superior Court of the State of California County of San Francisco
  COMPLAINT FOR DAMAGES, DECLARATORY RELIEF, AND INJUNCTIVE RELIEF (John's Grill v. The Hartford Financial Services Group)
  Complaint and Demand for Jury Trial(New Restaurant Group LP v. Farmers Group Inc.)
• Superior Court of the State of California for the County of Santa Barbara
  COMPLAINT & JURY DEMAND (Moda LLC v. Hartford Fire Ins. Co.)
• United States District Court for the Southern District of California
  Complaint for (1) Declaratory Relief; (2) Breach of Contract; and (3) Breach of the Covenant of Good Faith and Fair Dealing (FlorExpo LLC v. Travelers Property Casualty Co. of America)
  • Defendant Travelers Casualty Insurance Company of America's Notice of Motion and Memorandum of Points and Authorities in Support of Its Motion to Dismiss

DISTRICT OF COLUMBIA

• Superior Court of the District of Columbia Civil Division
  COMPLAINT (Proper Ventures, LLC v. Seneca Insurance Co. Inc.)

FLORIDA

• United States District Court Middle District of Florida Tampa Division
  COMPLAINT AND DEMAND FOR JURY TRIAL (Prime Time Sports Bar v. Certain Underwriters at Lloyd's London)
  • Motion to Dismiss Pursuant to Rule 12(b)(6) (Prime Time Sports Bar v. DTW1991 Underwriting Limited, A Certain Interested Underwriter at Lloyd's London)
  • Plaintiff's Response to Defendant's Motion to Dismiss (Prime Time Sports Bar v. DTW1991 Underwriting Limited, A Certain Interested Underwriter at Lloyd's London)
    • United Policyholders Amicus Brief in Support of Plaintiff and in Opposition to Defendant's Motion to Dismiss
  • United States District Court Southern District of Florida
    CLASS ACTION JURY DEMAND (El Novillo Restaurant v. Certain Underwriters at Lloyd's London)
    • Defendants Certain Underwriters At Lloyd's, London Motion to Dismiss The Complaint and Incorporated Memorandum of Law (El Novillo Restaurant v. Certain Underwriters at Lloyd's London)

ILLINOIS

• United States District Court for the Northern District of Illinois Eastern Division
  COMPLAINT (Big Onion Tavern Group, LLC, et al v. Society Insurance, Inc.)
  • Society Insurance's Response in Opposition to JD1455 Inc's Motion to Reassign Cases as Related

  COMPLAINT (Billy Goat Tavern I, Inc., et al v. Society Insurance)

  • Defendant Society Insurance's Motion For Summary Judgment (Billy Goat Tavern 1, Inc., et al v. Society Insurance)
  • Plaitiffs' Response in Opposition to Defendant's Motion for Summary Judgment (Billy Goat Tavern 1, Inc., et al v. Society Insurance)

  COMPLAINT (Sandy Point Dental PC v. The Cincinnati Insurance Co.)
  Defendant Society Insurance's Motion to Dismiss Under Rule 12(b)(6) or in the Alternative for Summary Judgmnet (Biscuit Cafe, Inc. v. Society Insurance, Inc.)

• Circuit Court of CooDefendant Society Insurance's Motion to Dismiss Under Rule 12(b)(6) or in the Alternative for Summary Judgmnet (Biscuit Cafe, Inc. v. Society Insurance, Inc.) County, Illinios County Department, Chancery Division
  COMPLAINT AND REQUEST FOR DECLARATORY RELIEF (Maillard Tavern, LLC v. Socierty Insurance, Inc.)
• United States District Court for the Northern District of Illionois Eastern Division
  COMPLAINT AT LAW (Siren Salon, Inc. v. Liberty Mutual Insurance Co.)

INDIANA

• Indiana Commercial Court - State of Indiana in the Marion County Superior Court
  Complaint for Declaratory Judgment (Indiana Repertory Theatre, Inc. v. The Cincinnati Casualty Company)
  • Indiana Repertory Theatre, Inc's Brief in Support of its Motion for Partial Summary Judgment against The Cincinnati Casualty Company

LOUISIANA

• Civil District Court for the Parish of Orleans State of Louisiana
  PETITION FOR DECLARATORY JUDGMENT (Oceana Grill v. Lloyds)

MICHIGAN

• United States District Court Eastern District of Michigan
  Class Action Complaint (Turek Enterprises, Inc. v. State Farm Mutual Automobile Insurance)

NEW JERSEY

• United States District Court District of New Jersey
  COMPLAINT AND DEMAND FOR JURY TRIAL (Truhaven Enterprises, Inc. v. Chubb Ltd)
  COMPLAINT (Cedar Run Orthodontics, P.A. v. Hartford Financial Services Group)

NEW YORK

• United States District Court For the Southern District of New York
  CLASS ACTION COMPLAINT (Gio Pizzeria & Bar Hospitality, LLC v. Certain Underwriters at Lloyds)
  Complaint and Jury Trial Demanded (Thor Equities, LLC v. Factory Mutual Insurance Co.)
  Notice of Appeal (Social Life Magazine, Inc. v. Sentinal Insurance Co.)
  Class Action Complaint and Demand for Jury Trial (Siegel & Siegel, P.C. v. Hartford Casualty Insurance Co.)

NEVADA

• United States District Court District of Nevada
  COMPLAINT (Treasure Island v. Affiliated Insurance Co.)
  CLASS ACTION COMPLAINT (Egg and I, LLC v. U.S. Specialty Insurance Co.)
  • Defendant's Motion to Dismiss Complaint (Egg and I, LLC v. U.S. Specialty Insurance Co.)
  • Plaintiff's Opposition to Motion To Dismiss Complaint

OHIO

• United States District Court for the Northern District of Ohio
  CLASS ACTION COMPLAINT (Bridal Expressions LLC v. Owners Insurance Co.)
• United States District Court for the Southern District of Ohio
  Defendant Cincinnati Insurance Company's Motion to Certify Questions to the Supreme Court of Ohio (Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Co.)
  • Defendant the Cincinnati Insurance Company's Memorandum in Support of its Motion to Dismiss (Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Co.)
  • Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Stay (Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Co.)

  Complaint (Dakota Girls, LLC v. Philadelphia Indemnity Insurance Company)

  • Motion to Dismiss of Defendant Philadelphia Indemnity Company (Dakota Girls, LLC v. Philadelphia Indemnity Insurance Company)

OKLAHOMA

• District Court of Pontotoc County State of Oklahoma
  PETITION FOR DECLARATORY JUDGMENT (Chickasaw Nation Department of Commerce v. Lexington Ins. Co., et al)
• District Court of Bryan County State of Oklahoma
  PETITION FOR DECLARATORY JUDGMENT (Choctaw Nation of Oklahoma v. Lexington Ins. Co., et al)

OREGON

• United States District Court for the District of Oregon Portland Division
  CLASS ACTION ALLEGATION COMPLAINT (Dakota Ventures, LLC v. Oregon Mutual Ins. Co.)
  • Defendant Oregon Mutual Insurance Company's Motion To Dismiss Pursuant To FRCP 12(b)(6) (Dakota Ventures, LLC v. Oregon Mutual Ins. Co.)

PENNSYLVANIA

• Court of Common Pleas of Allegheny County, Pennsylvania
  COMPLAINT SEEKING DECLARATORY, COMPENSATORY AND INJUNCTIVE RELIEF (Tambellini v. Erie Insurance Exchange)
  • Emergency Application For Extraordinary Relief Pursuant to Rule 3309, 42 Pa.C.S. 726 and King's Bench Powers
    • Brief of Amicus Curiae United Policyholders in Opposition to the Emergency Application for Extraordinary Relief
    • Brief of Amicus Curiae American Property Casualty Insurance Association et al in Opposition to the Emergency Application
• Complaint seeking Declaratoy Relief (Dianoia's Eatery, LLC v. Motorists Mutual Insurance Co.)
  • Remand to State Court - Order of Court
• Complaint seeking declaratory Relief (The Cocorico Corp. v. Motorists Commercial Mutual Insurance Company)
• Complaint seeking declaratory Relief (Umami Pittsburgh v. Motorists Commercial Mutual Insurance Company)
• Class Action Complaint (King Cobra Group v. Motorists Commercial Mutual Insurance Co.)
• Civil Action Complaint (Magna legal Services, LLC v. Hartford Fire Insurance Co.)

• United States District Court for Eastern District of Pennsylvania
  COMPLAINT & JURY TRIAL DEMAND (LH Dining LLC v. Admiral Indemnity Co.)
  COMPLAINT - JURY TRIAL DEMANDED (C.A. Spalding Co. v. Selective Insurance Group, Inc.)
  • Memorandum of Law of Selective Insurance Group, Inc. and Selective Insurance Company of America in Support of its Motion to Dismiss Plaintiff's Complaint

  COMPLAINT JURY TRIAL DEMANDED (Newchops Restaurant Comcast LLC v. Admiral Indemnity Co)

  • Brief in Support of Motion for Transfer and Coordination or Consolidation Under 28 U.S.C. 1407

• Supreme Court of Pennsylvania Middle District
  OPINION (Friends of Devito, et al v. Tom Wolf, Governor, et al)

• United States District Court Middle District of Pennsylvania
• Class Action Complaint (Richard Kahn and AARK Enterprise LLC v. Pennsylvania National Mutual Casualty Insurance Co.)
  • Defendant's Motion to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6)

• Court of Common Pleas Philadelphia County, Pennsylvania
  Complaint for Damages and Declaratory Relief (Spector Gadon Rosen Vinci P.C. v. Valley Forge Insurance Company)
  Complaint for Declaratory Judgment (Walnut Ace, LLC v. Seneca Insurance Co.)
• Complaint for Declaratory Judgmnet Relief (Ian McCabe Studio, LLC v. Erie Insurance Exchange)
• Complaint for Declaratory Judgment, Breach of Contract and Statutroy Bad Faith (The Marathon Grill, Inc. v. State Automobile Mutual Insurance Company)

• United States District Court for the Western District of Pennsylvania
  Class Action Complaint (1 S.A.N.T., Inc. v. Berkshire Hathaway, Inc.)

TEXAS

• United States District Court for the Northern District of Texas
  CLASS ACTION COMPLAINT (Christie Jo Berkseth-Rojas DDS v. Aspen American Insurance Co.)
• United States District Court for the Southern District of Texas Houston Division
  COMPLAINT (SCGM v. Certain Underwriters at Lloyd's)
• District Court of Bexar County, Texas
  PLAINTIFFS' ORIGINAL PETITION (Outlaws & Gents Grooming, LLC v. State Farm Lloyds)
• District Court of Dallas County, Texas
  Original Petition & Request for Disclosure (Vandelay Hospitality Group LP v. The Cincinnati Insurance Company)

WASHINGTON

• Superior Court of the State of Washington for the Couty of King
  COMPLAINT (Seattle Gymnastics Academy, Inc. v. Sentinel Insurance Co.)
  COMPLAINT (Aspen Lodging Group LLP v. Affiliated FM Insurance Co.)
• United States District Court for the Western District of Washington at Seattle
  Motion to Strike and Dismiss all Class Action Allegations in Plaintiff's Complaint (Germack DDS v. The Dentists Insurance Co.)
  COMPLAINT - CLASS ACTION (NUE LLC v. Oregon Mutual Insurance Company)
  • Defendant Oregon Mutual Insurance Company's Motion to Dismiss Pursuant to FRCP 12(b)(6) (NUE LLC v. Oregon Mutual Insurance Company)
  • Plaintiff's Response to Oregon Mutual Insurance Company's Motion to Dismiss (NUE LLC v. Oregon Mutual Insurance Company)

WISCONSIN

• United States District Court for the Eastern District of Wisconsin
  CLASS ACTION COMPLAINT (Rising Dough, Inc. v. Society Insurance)
  • Society Insurance Brief in Support of Motion to Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) (Rising Dough, Inc. v. Society Insurance)

INFOGRAM

• Cases Spurred by the COVID-19 Pandemic

INTERNATIONAL

• Commercial Court of Paris
  AXA Paris Opinion (English Translation)
  • AXA Paris Opinion (Original)

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Federal Level

• To make available insurance coverage for business interruption losses die to viral pandemics, forced closures of businesses, mandatory evacutations, and public safety power shut-offs, and for other purposes (HR 6494)
• To make available insurance coverage for business interruption losses due to national emergencies, and for other purposes.
• To establish a Pandemic Risk Reinsurance Program, and for other purposes (PRIA)

Nationwide Updates

• COVID-19 Legilsative Action & Regulatory Agency Response Updates

California

• Thompson, 32 Members Ask CA Insurance Commissioner to Ensure Businesses Can Use Business Interruption Insurance

Louisiana

• INSURANCE: Provides relative to business interruption claims due to the coronavirus disease 2019 pandemic (HB 858)
• INSURANCE POLICIES. Provides relative to business interuption insurance (SB 477)
• INSURANCE POLICIES. Creates the BUsiness Compensation Fund (SB 495)
• 2020 LA SCR 65
• 2020 MS S 2772

Massachusetts

• An Act concerning business interruption insurance. (SENATE DOCKET, NO. 2888 The Commonwealth of Massachusetts

Michigan

• A bill to amend 1956 PA 218, entitled "The insurance code of 1956"

New Jersey

• (A3844) An Act Concerning certain covered perils under business interruption insurance and supplementing Title 17 of the Revised Statutes

New York

• Requires certain perils to be covered under business interuption (A10226)
• AN ACT in relation to requiring certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic
• AN ACT in relation to requiring certain perils be covered under business interruption insurance policies issued to certain human services and community-based health providers during the coronavirus disease 2019 (A10327)

Ohio

• Bill requiring insurers offering business interruption insurance to cover losses attributable to viruses and pandemics and to declare an emergency. (Ohio H. B. No. 589)

Pennsylvania

• Providing for insurance coverage for business interruption (HB2372)
• Providing for COVID-19 disaster emergency business interuption grants (PA H 2386)
• Providing for business interruption insurance assistance and for powers and duties of the Department of Community and Economic Development (PA H 2386 - Amended)

Rhode Island

• Relating to Insurance -- COVID-19 Insurance Relief Act (2020 -- H 8079)

South Carolina

• Providing for insurance coverage for business interruption

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Abdulaziz Grossbart and Rudman

• Getting Paid! Surviving the Covid-19 Financial Instability

Barnes & Thornburg LLP

• COVID-19 Insurance Coverage: Resource Guide

Bramnick, Rodriguez, Grabas, Arnold & Mangan

• Executive Order Closures May Trigger Business Interruption Coverage for New Jersey Insureds

Farella Braun + Martel LLP

• Covid Library

Goldberg Segalla

• Coronavirus: Response Teams and Resources

Greenberg Glusker

• Business Interruption Coverage for COVID-19 Losses

Insurance Journal

• Penn. High Court Deals Potential Blow To Carriers' Denial of Business Income Claims

Jenner & Block LLP

• Applying Commercial Property Insurance to Covid-19 Losses

Limandri & Jonna LLP

• Pandemic of Coverage Litigation for Business Income Losses Due to Coronavirus Plagues Insurance Industry

Lisa Miller & Associates

• Coronavirus Insurance Challenges

McCarter & English

• Coronavirus Resource Center

McGuireWoods

• Covid-19 Impact & Insights

McKool Smith

• How to Maximize Insurance Coverage For Coronavirus Issues
• Availability of Insurance Coverage for Immediate Coronavirus Losses

Miller Friel

• Future Battles Foreshadowed In First COVID-19 Insurance Suit

Multistate

• COVID-19 Policy Tracker

Newmeyer Dillion

• Covid-19 Multidisciplinary Task Force

Pasich LLP

• Legal Alert – Insurance Coverage for Losses and Claims Associated with the Coronavirus
• Commissioner outlines insurers' duties during the pandemic

Perkins Coie

• Coronavirus (COVID-19): Guidance for Businesses
• Coronavirus Coverage: How to Offset Your Business Losses in a Global Health Emergency
• Coronavirus Coverage: Policy Language that May Cover (or Exclude) Your Business Interruption Losses Caused by the Outbreak

Pillsbury Winthrop Shaw Pittman LLP

• Covid-19 Resource Center

Plews Shadley Racher & Braun Attorneys at Law

• Why you should be looking at your insurance if you’re impacted by COVID-19

Saul Ewing Arnstein & Lehr LLP

• State Business Interruption Coverage Bills Likely Contain Consititutional Infirmities

Saxe Doernberger & Vita, P.C.

• Covid-19 Insurance coverage resources (library)

Schwartz, Conroy & Hack, PC

• Coronavirus Insurance Coverage Battles Begin
• Will Your Business Interruption Insurance Cover You For Coronavirus Losses?

Spilman Thomas & Battle

• COVID-19 Task Force

Tyson & Mendes

• COVID-19 Court Updates

Univeristy of Minnesota Law School

• Insurance Coverage and the Coronavirus - Webinar by Daniel Schwarcz, Fredrikson & Byron Professor of Law

Westmont Associates, Inc.

• Covid-19 – State Insurance Department Response Plans

White and Williams, LLP

• Coverage Opinions Collection

William Fry (Ireland, United Kingdom)

• Insurance Industry Faces Emerging Litigation Threat

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Elsevier

• Airborne route and bad use of ventilation systems as non-negligible factors in SARS-CoV-2 trasmission

EPA

• List N: Disinfectants for Use Against SARS-CoV-2 (COVID-19)

International Journal of Environmental Research and Public Health

• Airborne Transmission Route of COVID-19: Why 2 Meters/6 Feet of Inter-Personal Distance Could Not Be Enough

National Center for Biotechnology Information

• Viruses: Structure, Function, and Uses

The New England Journal of Medicine

• Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV-1

Society for Risk Analysis

• Consideration of the Aerosol Transmission for COVID-19 and Public Health

World Journal of Clinical Cases

• Stability and infectivity of coronaviruses in inanimate environments

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• Travelers' Rate Filing Exclusion of Loss Due to Virus or Bacteria (California Department of Insurance )
• 2006 ISO memo explaining template virus exclusion
• American Association of Insurance Services - Virus Or Bacteria Exclusion
• Business Interruption Group - A Nonprofit
• SBA Disaster Assistance in Response to the Coronavirus
• Report Card to Date on the $6.5 Billion+ Promised To Auto Insurance Customers as People Drive Less Due To COVID-19 (Consumer Federation of America)
• Proposed Virus Coverage Backstop Leaves Pricing in the Air (Law 360)
• Triple-I Update Economic Briefing (Insurance Information Institute )

• Contagion Event Endorsement (Tokio Marine HCC)
• Pandemic Event Endorsement(Tokio Marine HCC)

• Denial Letter (Nationwide)
• AXA vows to pay COVID-19 claims after French court battle (Property Casualty 360 )

• Insurance Journal
  Update: AXA to Pay Business Interruption Claims to Restaurants After Court Ruling
  COVID-19 Request For Information Sample

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