Keller Rohrback has numerous COVID-19 related business interruption cases pending 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, Pierce, Spokane, and Thurston County.
Overview of Cases
Beginning on April 20, 2020, Keller Rohrback filed the first of many complaints against insurance companies for their failure to provide policy holders with business interruption insurance benefits for which they 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. To date, we have filed actions against:
- 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
- Charter Oak Fire Insurance Company
- Citizens Insurance Company of America
- Evanston Insurance Company
- Hartford Casualty Insurance Company
- Hartford Fire Insurance Company
- Massachusetts Bay Insurance Company
- Mutual of Enumclaw
- National Fire Insurance Company of Hartford
- National Surety Corporation
- Ohio Casualty Insurance Company
- Ohio Security Insurance Company
- Oregon Mutual Insurance Company
- Scottsdale Insurance Company
- Sentinel Insurance Company Limited
- The Dentists Insurance Company
- Transportation Insurance Company
- Travelers Casualty Insurance Company
- Travelers Indemnity Company of America
- Tri-State Insurance Company of Minnesota
- Truck Insurance Exchange
- Valley Forge Insurance Company
We are investigating the business coverage policy language of other insurance companies as well.
Plaintiffs 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. Plaintiffs allege these losses are continuing.
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 the Superior Courts of Washington State against the insurers Mutual of Enumclaw and Truck Insurance Exchange. The actions against Truck are proceeding in Pierce and Thurston County. The actions against Mutual of Enumclaw are proceeding in King and Spokane County.
On November 13, 2020, King County Superior Court Judge Susan Amini entered an Order Denying Defendant Mutual of Enumclaw’s Motion to Dismiss. The Order is available here.
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. The Order is available here.
Status of COVID-19 Related Cases Pending in the U.S. District Court for the Western District of Washington
The cases pending in the Western District of Washington have been coordinated before the Hon. Judge Rothstein. The insurer-defendants have filed motions to dismiss these actions under Fed. R. Civ. P. 12, or for summary judgment under Fed. R. Civ. P. 56. Briefing on these motions was completed in March 2021 and can be reviewed in the Case Documents section below entitled Insurance Company Dismissal Motions and Plaintiffs Opposition.
The plaintiffs in 9 of the coordinated actions pending before Judge Rothstein have also filed a Motion to Certify Questions to the Washington State Supreme Court. The Plaintiffs’ Motion to Certify Questions to the Washington State Supreme Court is fully briefed and can be reviewed below in the Case Documents section entitled Certification to Washington State Supreme Court.
Other Information
For more information on how Keller Rohrback is helping protect its communities during the COVID-19 pandemic, please click here.
In The News
“Eatery Says COVID-Caused ‘Loss Of Use’ Is Physical Damage,” Law360, June 17, 2020.
“Small businesses band together to sue insurers over coronavirus damage,” The Seattle Times, May 9, 2020.
“Keller Rohrback Helps Clients Navigate Business Interruption Insurance Issues During COVID-19 Pandemic,” Business Wire, April 21, 2020.