Keller Rohrback has filed numerous COVID-19 related business interruption cases in the United States District Courts for the Western District of Washington, the District of Oregon, the Eastern District of Pennsylvania, and in the Washington State Superior Courts of King, Spokane, and Thurston County.
Overview of Cases
Beginning on April 20, 2020, Keller Rohrback filed the first of many complaints on behalf of policyholders against insurance companies for their failure to provide business interruption insurance benefits for which policyholders paid premiums. Affected businesses may include restaurants, dentists or orthodontists, hair salons and personal care businesses, retail shops, gyms, dance studios, professional services offices, and live performing arts organizations. We have filed actions against the following insurers:
- Ace Property and Casualty Insurance Company
- Allied World Surplus Lines Insurance Company
- AMCO Insurance Company
- American Fire and Casualty Company
- Aspen American Insurance Company
- Certain Underwriters at Lloyd’s, London
- Citizens Insurance Company of America
- Evanston Insurance Company
- Farmers Insurance Exchange
- First Mercury Insurance Company
- Great Lakes Insurance
- Hanover Insurance Company
- Hartford Casualty Insurance Company
- Hartford Fire Insurance Company
- Hartford Underwriters Insurance Company
- Liberty Mutual Insurance Company
- Massachusetts Bay Insurance Company
- Mid-Century Insurance Company
- Mutual of Enumclaw Insurance Company
- National Fire Insurance Company of Hartford
- National Surety Corporation
- Ohio Security Insurance Company
- Oregon Mutual Insurance Company
- Scottsdale Insurance Company
- Sentinel Insurance Company Limited
- Sentry Insurance a Mutual Company
- Starr Surplus Lines Insurance Company
- The Charter Oak Fire Insurance Company
- The Dentists Insurance Company
- The Ohio Casualty Insurance Company
- Transportation Insurance Company
- Travelers Casualty Insurance Company of America
- Travelers Indemnity Company of America
- Tri-State Insurance Company of Minnesota
- Truck Insurance Exchange
- Valley Forge Insurance Company
Our clients, policyholders and businesses, allege they have sustained a variety of losses related to COVID-19 proclamations and closure orders. Those losses include lost or reduced sales and/or revenue due to the interruption of their business.
Some of these claims are individual actions. Others are class actions, in which the plaintiffs assert these claims on behalf of themselves and similarly situated members of several proposed national classes and proposed state classes. No specific class or subclasses have been certified by any Court. If a class or subclass becomes certified, eligible class members will be notified when the Court authorizes a form of notice.
You may learn more about the specific allegations and claims being pursued, as well as information regarding the proposed class or classes, in the Case Documents section below.
COVID-19 Related Insurance Coverage Cases Pending in the Superior Courts of Washington State
We are currently pursuing claims in Superior Courts of Washington State against various the insurers.
On November 13, 2020, King County Superior Court Judge Susan Amini entered an Order Denying Defendant Mutual of Enumclaw’s Motion to Dismiss in Hill & Stout PLCC v. Mutual of Enumclaw Insurance Co. The Order is available here. The case is currently pending in the Supreme Court of the State of Washington.
On November 23, 2020, Spokane County Superior Court Judge Michelle Szambelan entered an Order Granting Plaintiff’s Motion for Partial Summary Judgment Re: Coverage Grant in Perry Street Brewing Co. v. Mutual of Enumclaw Insurance Co. The Order is available here.
Status of COVID-19 Related Cases Pending in the United States District Court for the Western District of Washington
The cases filed in the Western District of Washington by Keller Rohrback and others were coordinated and consolidated before the Hon. Judge Rothstein. Judge Rothstein granted the various insurer defendants' motions to dismiss. You may review the Order Granting Motions to Dismiss in the Case Documents section below. Plaintiffs have appealed these rulings and the cases are currently pending in the Court of Appeals for the Ninth Circuit.