COVID-19 Business Interruption Protection Insurance Litigation
In re COVID-19 Business Interruption Protection Insurance Litigation
MDL No. 2942
Beginning on April 20, 2020, Keller Rohrback filed the first of many class action 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, print shops, gyms, and dance studios. To date, we have filed actions against: American Fire and Casualty Company, Aspen American Insurance Company, Charter Oak Fire Insurance Company, Hartford Casualty Insurance Company, Massachusetts Bay Insurance Company, Ohio Casualty Insurance Company, Ohio Security Insurance Company, Oregon Mutual Insurance Company, Sentinel Insurance Company Limited, The Dentists Insurance Company, Transportation Insurance Company, Travelers Insurance Company, Tri-State Insurance Company of Minnesota and 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 “stay at home” 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.
Plaintiffs bring 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.
Over 350 cases have been filed in various federal courts across the country related to COVID-19 impacts on businesses and their efforts to obtain insurance benefits for their losses. The Judicial Panel on Multidistrict Litigation will consider whether to consolidate the cases and transfer them to a single federal judge. We urge you to monitor this website periodically as it will be updated as these matters progress.
For more information on how Keller Rohrback is helping protect its communities during the COVID-19 pandemic, please click here.
Case Documents from Representative Cases
Germack v The Dentists Insurance Company Complaint – 04/30/2020
Hong v Transportation Insurance Company Complaint – 06/09/2020
McCulloch v Valley Forge Insurance Company – 05/29/2020
NUE LLC v Oregon Mutual Insurance Company Complaint – 05/05/2020
Prato v Sentinel Insurance Company Limited Complaint – 04/29/2020
Rowshan v Ohio Security Insurance Company – 05/14/2020
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.