COVID Task Group

OVERVIEW

Anderson Kill specializes in representing policyholders against insurance companies.  Unlike other law firms, our specialty encompasses both the property/casualty side of the insurance business.  This depth enables us to provide full-service insurance coverage representation to our clients.

Since March 2020, when the pandemic began, an estimated 1,300 lawsuits have been filed by policyholders nationwide, seeking recovery from their property insurance companies for their business interruption losses.  The vast majority have been filed by small businesses dependent upon foot traffic, such as restaurants, gyms, hair salons and entertainment venues. 

In response to the greatest social and economic challenge of our times, the Covid-19 pandemic, Anderson Kill has been retained by more than 161 national and local businesses to date, including national and global retailers seeking coverage for loss of income triggered by potential Coronavirus contamination and resulting closures by civil authorities.  Representative engagements include the following:

  • A public company traded on the NYSE with respect to more than $100,000,000 in business interruption claims of several subsidiaries, including a confections retailer with stores nationwide. 
  • A national retail chain with respect to its business interruption recovery for losses sustained due to Covid-19. 
  • An international casino hotel company that was shut down for months due to a governmental order. 
  • A diversified privately held real estate company in a number of insurance coverage disputes, including a multi-million-dollar claim for business interruption losses arising out of Covid-19.
  • Several hotel companies with hotels nationwide.  The total losses at issue in these matters range from $10,000,000 to $750,000,000. One of these cases is already the subject of litigation in State court in New Hampshire, where the Court already has denied both a motion to transfer and a motion to dismiss filed by the insurance company defendants.
  • A restaurant chain that operates in several states throughout the American west.  The chain suffered substantial business interruption loss after civil orders in all of the states where the restaurants operated shut down indoor dining starting in March of 2020.
  • Multiple high-end social clubs in New York and Los Angeles seeking coverage for business interruption loss caused by Covid-19.  Civil orders in New York and Los Angeles required the clubs to cease hosting events and close their facilities to members starting in March of 2020.  
  • A company that operated two restaurants in upstate New York, before they were closed under the local direction of the city in which they were located, carrying out the statewide Covid-19 closing orders.

The following lawsuits that we filed with regard to Covid-19 claims are pending:

  1. Cordish Cos. Inc. v. Affiliated FM Ins. Co., No. 20 CV-02419-ECH (Md. Cir. Ct.) (removed to D. Md.)
  2. Casino Beach Pier LLC v. Westchester Surplus Lines Ins. Co., No. OCH-L-001608-20 (N.J. Super. Ct.)
  3. Jenkinson’s South, Inc. v. Westchester Surplus Lines Ins. Co., No. OCN-L-001607-20 (N.J. Super. Ct.)
  4. Microbilt Corp. v.  Federal Ins. Co., No. MER-L-001948-20 (N.J. Super. Ct.)
  5. Schleicher and Stebbins Hotels, LLC vs Starr Surplus Lines Ins. Co., No. 217-2020-CV-00309 (N.H. Super. Ct.)

We also maintain Anderson Kill’s Coronavirus Page, which provides up-to-date information. A list of selected articles by our firm regarding Covid-19 insurance recoveries.

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