Coronavirus Litigation: The Week In Review

Disney must face discrimination allegations for denying entry to one of its stores to an autistic boy for not wearing a mask, a Princess Cruises passenger has dropped her claims over a COVID-19 outbreak on a ship, and a judge has denied Geico the chance to file an immediate appeal in a suit alleging it’s been unfairly profiting off the pandemic by charging high premiums.

NJ Lawmakers Advance Real Estate COVID Immunity Bill

A New Jersey Assembly committee on Wednesday advanced legislation that would prohibit lawsuits over the spread of COVID-19 at real estate developments, providing immunity that supporters said would ease the fears of community associations that they could be dragged into court after reopening their amenities.

Society Insurance Denied Immediate Appeal In COVID-19 MDL

On the heels of a ruling in three bellwether cases in multidistrict litigation over Society Insurance Co.’s widespread denial of pandemic-related coverage, an Illinois federal judge on Tuesday refused the insurer’s bid for an appeal concerning claims for business interruption coverage.

Ryanair, Airports Sue UK Gov’t Over Summer Travel List

Budget airline Ryanair and the owner of three major English airports announced a legal challenge on Thursday against the U.K. government over its “traffic light” system for international travel as they seek transparency over how the list is drawn up.

Aviva Fights To Cap Law Firm Suit Over COVID Office Closure

Insurance giant Aviva has hit back at a law firm’s claim for losses connected to the COVID-19 pandemic, saying the lockdowns did not force lawyers out of offices and claiming that any payout should be capped at £50,000 ($69,000).

Coronavirus: The Latest Court Closures And Restrictions

UPDATED June 17, 2021, 6:45 PM EDT | As courts across the country take measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Click state or court to jump to section. 

SDNY Judges May Drop Masks, Distancing For Nonjury Trials

The Southern District of New York announced a relaxation of COVID-19 protocols Monday, telling judges that argument, bench trials and other proceedings may be held without masks if everyone is vaccinated — but the district kept its strict safety rules intact for jury trials.

Coronavirus Regulations: A State-By-State Week In Review

COVID-19 pandemic reopening plans over the past week focused on summer festivities, paving the way for the return of the New York State Fair at full capacity, a $95 million tourism comeback plan for California and the possibility of permanent to-go cocktails in Pennsylvania.

Half Of Firms Hit By COVID Get Payouts After FCA Test Case

Insurers have paid out £757 million ($1 billion) in business interruption claims linked to COVID-19 since a landmark court case ended in January, the City regulator has said — more than half of businesses with valid claims have received a payout.

Judge Says Geico Can’t Nix ‘Excessive’ COVID Premiums Suit

An Illinois federal judge on Monday denied Geico’s effort to certify an interlocutory appeal in a suit alleging Geico has been unfairly profiting off the COVID-19 pandemic by charging “unconscionably excessive” premiums.

NH Hoteliers Score Partial Coverage Win In COVID-19 Suit

A New Hampshire-based hotel company and its affiliates were granted partial summary judgment in their business interruption suit with insurers when a state judge ruled Tuesday that damage caused by the presence of the coronavirus was a “direct physical loss or damage” to the hotels.

Pa. Judge Tosses Tavern’s COVID-19 Coverage Class Action

A Pennsylvania federal judge tossed a tavern’s proposed class action against an insurer seeking coverage for pandemic-related losses, saying the complaint doesn’t allege how COVID-19 or government closure orders caused any physical harm on its property.

Shoe Co. Loses COVID-19 Coverage Suit With Hartford

A Connecticut state judge freed an insurance unit of The Hartford from having to cover shoe designer Marc Fisher Footwear’s pandemic losses, saying the policyholder failed to show its shoe products were physically harmed.

Trade Groups Back Travelers In 9th Circ. Virus Coverage Spat

A pair of insurance industry associations on Wednesday threw their support behind Travelers units battling appeals from two Los Angeles restaurants, urging the Ninth Circuit not to revive their COVID-19 business interruption lawsuits.

Race Claim Trimmed From Airline Exec’s COVID-19 Leave Suit

Eastern Airlines may have violated the Families First Coronavirus Relief Act by firing an executive shortly after she requested time off to care for her child and mother near the start of the pandemic, but she didn’t make a case that the company discriminated against her because she was Black, a Pennsylvania federal judge ruled.

Texas Nursing Home Can’t Ditch COVID-19 Death Suits

A Texas appeals court on Wednesday allowed twin suits to move forward accusing a nursing home of causing two patients’ COVID-19 deaths, saying the home raised an improper argument that the suits are preempted by a federal law pertaining to public health emergencies.

Disney Can’t Avoid Suit For Excluding Maskless Autistic Boy

The Walt Disney Co. can’t escape claims it violated the Americans with Disabilities Act when it barred an autistic boy from a store for not wearing a mask, a Pennsylvania federal judge ruled Tuesday, saying the boy’s mother showed waiving the mask rule was reasonable and necessary.

3 Risk Management Lessons From Pandemic Insurance Wars

As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders’ lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

COVID Rulings May Support Ransomware Insurance Denials

A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn’t qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

Employer Challenges After New OSHA Virus Guidance

The Occupational Safety and Health Administration’s recently updated COVID-19 guidance for non-health care industries describes protocols for protecting unvaccinated workers, but employers may face challenges in addressing issues the new advice fails to cover and adapting it to their unique workplace needs, says Gabrielle Sigel at Jenner & Block.