Decisions
Judgment for Mound Cotton’s Client On COVID Business Interruption Claim
Indiana Court Grants Judgment for MCWG’s Client in COVID-19 Coverage Action
On Friday, Mound Cotton’s client Zurich American Insurance Company won its motion for a judgment on the pleadings in a COVID-19 coverage action brought by piano manufacturer Steinway Musical...
Judgment For Mound Cotton’s Clients on COVID Business Interruption Claim
In Fontainebleau Florida Hotel, et al. v. Westchester Surplus Lines Insurance Co., et al., No. 2021-016874-CA-01 (Fla. 11th Cir. Ct. June 25, 2023), Mound Cotton’s clients were granted reargument and were awarded judgment on the pleadings on the ground that...
Water Damage Suit Against Mound Cotton’s Client Dismissed – Law360
Hayden Asset VIII LLC v. Public Service Mutual, case number 161751/2014 (New York Supreme Court)
Mound Cotton’s client recently received a favorable ruling from a New York state judge in a case involving water damage claims made by the owner...
Federal Court Dismisses MCWG’s Clients in Hurricane Ida Coverage Action and Compels Arbitration
Vose Avenue Apartments Urban Renewal, LLC v. Certain Underwriters at Lloyd’s London, et. al, No. 2:22-cv-05691-SDW-JRA (D.N.J. Mar. 8, 2023) (Wigenton, J.)
All thirteen of Mound Cotton’s clients were dismissed from a Hurricane Ida coverage action on the ground that...
Victory for Insurers – NY State Supreme Court Dismisses Benihana Covid Claim
Benihana v. Allied World et al., case number 650495/2022 (Manhattan Supreme Court)
In this COVID-19 coverage matter, the court was asked to consider whether Benihana could demonstrate “direct physical loss or damage” to property in connection with the virus/pandemic. On...
Actual Physical Damage Required for Coverage – MSG Appeal Dismissed
Madison Square Garden Sports Corp. et al. v. Factory Mutual Insurance Co. et al., case number 2022-02068 (New York Supreme Court Appellate Division, First Department)
Madison Square Garden and related entities appealed a lower court ruling in favor of Mound...
NO DIRECT PHYSICAL LOSS OR DAMAGE – Carrols Restaurant Group v. American Guarantee and Liability Insurance Co.
Carrols Restaurant Grp. Inc. v. American Guarantee and Liability Insurance Co., No. 815430/2021 (N.Y. Sup. Ct., Erie Cnty. Nov. 4, 2022)
In this COVID-19 litigation, the New York Supreme Court, Erie County, granted MCWG client American Guarantee and Liability Insurance...
“RESIDENCE PREMISES” PROVISION DISQUALIFIES COVERAGE – Pik Wan Wong v. Integon National
Pik Wan Wong et al v. Integon National Ins. Co. et al, 510422/2022 (Sup. Ct., Kings Co. Oct. 31, 2022)
In this property insurance coverage dispute the Plaintiffs sued Integon to recover under the insurance policy for fire damage to a structure located...
Florida Judge Dismisses COVID-19 Damage Claims – Law360
Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company.
Plaintiff alleged that the presence of COVID-19 physically damaged property by attaching itself to surfaces...
COVID-19 Complaint Dismissed with Prejudice – Wolverine World Wide v. Zurich
Wolverine World Wide v. Zurich American Insurance Company, docket No.: 21 CH 4457 (Circuit Court of Cook County, Illinois, Chancery Division July 21, 2022)
On July 21, 2022, Judge Pamela McLean Meyerson of the Circuit Court of Cook County,...