Insurance Update

Here’s our October Insurance Update.

The Sixth Circuit had insurance on its mind this past month.  Three of the decisions we discuss in our update are from that court.

First, the Sixth Circuit joins the Eighth and Eleventh Circuits in finding that pandemic-based business interruption losses did not amount to a “direct physical loss of or damage to” property.

Next, it considers whether the costs of complying with a government subpoena based on a sealed False Claims Act suit are covered and when that claim is deemed first made.

Rounding out the trilogy, the Sixth Circuit considers whether the insured’s misrepresentation in its insurance application should void coverage for its property damage claim.

Moving on, the Third Circuit considers if an insurer must show prejudice where the insured settles an action without the insurer’s consent.

The Wisconsin Court of Appeals discusses whether a professional services exclusion applies where the insured provided the service free of charge.

And a federal court in North Carolina addresses whether a biometric-based suit falls within the catch-all language of an exclusion for statutory violations arising from the collection and dissemination of private information.

We hope you enjoy the update.

Rob Tugander and Greg Mann