Ascent Hospitality Management v. Employers Insurance Company of Wausau, et al.
Secured Liberty Mutual’s first appellate victory in a COVID-19 coverage case when the Eleventh Circuit affirmed the district court’s ruling (applying New York law) that Ascent had not suffered any direct physical loss or damage to property—a prerequisite for coverage— because neither government suspension orders nor the presence of the COVID-19 virus causes such loss or damage. The court also held that coverage for any business losses Ascent might have suffered from the presence of the virus on its properties was precluded by the policy’s contamination exclusion. The Eleventh Circuit agreed with the district court that government-ordered suspensions of business operations cannot be said to cause the requisite direct physical loss or damage under a commercial property insurance policy, and noted that while COVID-19 poses danger, it too does not inflict such loss or damage to property.

Kutest Kids Early Intervention Co. v. Ohio Security Insurance Co. 
Represented Ohio Security Insurance Co. in a COVID-19 matter filed in Massachusetts federal court (applying Pennsylvania law). The plaintiffs asserted coverage claims resulting from government ordered shutdowns, basing their claims in part on regulatory estoppel and reasonable expectation doctrines. Our team successfully defended the client, winning a judgment on the pleadings dismissing the entire case with prejudice. 

Tao Group Holdings, LLC v. Employers Insurance Company v. Wausau
Successfully represented Wausua in a motion to dismiss all of the policyholder’s pandemic-related coverage claims—along with its claims for bad faith and unfair claims practices—with prejudice. Tao had alleged that Wausau owed tens of millions of dollars in compensatory and punitive damages for its denial of coverage of Tao’s pandemic-related financial losses.

MSD Capital LP v. ACE American Insurance Company, et al.
Secured dismissal of a COVID-19 matter for Ironshore in which MSD filed suit for losses arising out of COVID-related closure of three hotels (a Fairmont in Santa Monica and two Four Seasons in Hawaii) for which MSD sought over $100 million in purported losses. 

Burton Way Hotels, LLC v. Ace American Insurance Company, et al.
Won dismissal for Ironshore in a COVID-19 matter related to the Four Seasons Beverly Hills in which the insured claimed $25 million in losses. The court issued a ruling granting Ironshore’s demurrer without leave to amend. 

Ortego Chiropractic v. West American Ins. Co.
Prevailed on West American’s motion to dismiss when the judge held that the plaintiff failed to allege “direct physical loss of or damage to” property. The judge also held that the plaintiff, whose business remained open for emergency procedures during the pandemic, failed to allege the additional requirements for Civil Authority coverage and that, in any event, the Policy’s Virus Exclusion precludes coverage for the plaintiff’s financial losses.

Zedan Outdoors, LLC v. Ohio Security Insurance Company
Secured a win for Ohio Security in the District of Oregon when the court dismissed plaintiff’s claims for coverage for pandemic-related business interest losses. The magistrate held that Zedan failed to state a claim for coverage by failing to allege facts showing it had sustained any “direct physical loss of or damage to” covered property—a prerequisite for coverage. The magistrate judge rejected Zedan’s arguments that a government-ordered suspension of business operations constitutes such physical loss or damage. Finding that any amendment would be futile, the magistrate judge recommended that the dismissal of plaintiff’s claims be with prejudice. In a two-page order, the district court agreed. 

Green Apple Event Company, Inc. v. Liberty Mutual Group, Inc. et al.
Secured a win in federal court in California in which plaintiff alleged that the policy written by West American Ins. Co. covered its COVID-related business interruption losses. An event company, Green Apple claimed losses at four locations in California caused by state and local government orders restricting gatherings to mitigate the spread of the coronavirus. The district court granted the defendants’ motion to dismiss without leave to amend, finding Green Apple’s arguments unpersuasive.

J&S Kids v. Ohio Casualty Insurance
Secured a victory for Ohio Casualty in COVID-19 litigation matter in federal court in New York. Robins Kaplan was successful in securing a dismissal with prejudice. 

The One Group Hospitality, Inc. v. Employers Insurance Company of Wausau
Secured the dismissal of a complaint in the U.S. District Court for the Western District of Missouri for breach of contract and declaratory relief brought by The One Group Hospitality, LLC (TOG) – a company that owns 37 insured restaurants (Kona Grill; STK Steakhouse) across 20 states – alleging both that the government orders suspending business operations and the presence of the COVID-19 virus caused “direct physical loss or damage” to property.

3Sixty Duty Free & More Holdings v. Liberty Mutual Holding Company, Inc.
Represented Liberty Mutual in a COVID-19 coverage dispute related to company’s proprietary policy. Successfully removed the action to federal court and secured motion to dismiss plaintiff’s complaint in its entirety with prejudice in the Western District of North Carolina.

David and Lisa Lemelin v. Safeco Insurance Company of America
Defended Safeco Insurance Company of America against a claim for fire loss that occurred at the policy holders second home in Maine. The homeowner’s policy insured their primary residence in New Hampshire, not the Maine property. After filing a motion to dismiss, but before any opposition was filed, the matter was resolved through successful negotiation in favor of our client. 

• Boston Lawyer's Group Mentor Program
• Mock Trial Program Coach, Monument High School
• Walk to the Hill for Civil Legal Aid, Team Leader
• Private Bar Advisory Committee, Equal Justice Coalition