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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.

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.)

Experience

  • 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.

Events

EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS
  • John M. Leonard
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  • May 5, 2022
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  • Live Webinar
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Evolution of COVID-19 Insurance Implications: An Update on Coverage and Employment Issues
  • March 16, 2022
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ANDERSON KILL PRESENTS “EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS”
  • John M. Leonard
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  • February 17, 2022
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“Update on COVID-19 Claims, Including Recent Decisions, New Exclusions, and Efforts to Assist Clients” – Anderson Kill’s 25th Annual Policyholder Advisor Conference (2021)
  • Marshall Gilinsky Rhonda D. Orin
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  • December 1, 2021
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COVID-19, ESG, and SPACs, Oh My!: Emerging D&O Liabilities
  • Joshua Gold William G. Passannante
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  • November 11, 2021
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  • New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
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COVID-19 – Your Insurance Company Denied Your Claim, So Now What?
  • Rhonda D. Orin
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  • September 14, 2020
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COVID-19 Business Interruption Loss and Ransomware Coverage
  • Robert M. Horkovich
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  • May 20, 2021
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  • Webinar
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COVID-19 and Business Interruption Insurance: Coverage Issues and Exclusions
  • Finley T. Harckham
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  • September 1, 2020
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  • Webinar
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COVID-19: Your Insurance Company Denied Your Claim, So Now What?
  • Finley T. Harckham Rhonda D. Orin
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  • August 17, 2020
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“Update on COVID-19 Claims: Where Are We Now?” – Anderson Kill’s 26th Annual Policyholder Conference
  • Marshall Gilinsky Rhonda D. Orin
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  • December 1, 2022
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“Update on Covid-19 Claims, Including Recent Favorable and Unfavorable Decisions, What New Exclusions We Are Seeing, and How We Are Assisting Our Clients to Recover” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series
  • Robert M. Horkovich Rhonda D. Orin
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  • November 10, 2020
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“Ten (or More) Things to Consider When Terminating an Employee During the Covid-19 Pandemic” and “EPLI Insurance” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series
  • Joshua Gold Bennett Pine
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  • November 23, 2020
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  • Live Webinar
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Business in the Age of COVID-19: Contracts Under Economic Distress and Uncertainty Webinar
  • Rhonda D. Orin
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  • April 6, 2020
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Insurance, Renovations & The Pandemic: What Your Policy Does (and Doesn’t) Protect During COVID
  • Allen R. Wolff
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  • July 30, 2020
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  • Live Webinar
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Insurance Coverage and Claims Preparation Resulting from COVID-19
  • Finley T. Harckham Robert M. Horkovich
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  • May 29, 2020
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Owners, Developers, Builders and Contractors: Insurance Coverage for COVID-19 Losses
  • Rhonda D. Orin
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  • April 10, 2020
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Pursing Coverage for COVID-19 Losses
  • Rhonda D. Orin
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  • May 5, 2020
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Understanding Insurance Policies and Potential Insurance Recovery after COVID-19
  • Marshall Gilinsky Rhonda D. Orin
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  • April 23, 2020
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Insurance Coverage and Claims Preparation Resulting from COVID-19 (Lorman)
  • Pamela D. Hans
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  • May 12, 2020
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  • Webinar
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Publications

COVID-19 BUSINESS INTERRUPTION DECISIONS FOR POLICYHOLDERS: STATE APPELLATE COURTS (BEGIN TO) RECOGNIZE DEVIATIONS FROM A PRE-PANDEMIC NORM
  • Lexis Nexus - Practical Guidance
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SHIFTING MOMENTUM IN COVID BUSINESS INTERRUPTION LITIGATION: AN UPDATE FROM THE FRONT LINES
  • Policyholder Advisor & Alert
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COVERAGE FOR BUSINESS LOSSES FROM COVID-19 – A LOUISIANA APPELLATE COURT OPENS THE DOOR
  • Anderson Kill Policyholder Advisor
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SUPREME COURT AND NEW YORK COURT REJECT COVID-19 VACCINATION AND MASK REQUIREMENTS: WHAT’S NEXT?
  • Anderson Kill Employment Law Insider Alert
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MEETING SUIT LIMITATION DEADLINES FOR COVID-RELATED BUSINESS INTERRUPTION CLAIMS
  • Anderson Kill Policyholder Alert
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NEW JERSEY STATE COURT ALLOWS CASINO TO PROCEED WITH ITS COVID-19 BUSINESS INTERRUPTION CLAIMS
  • Anderson Kill New Jersey Alert
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WHAT TO KNOW AS MASS. JUSTICES TACKLE COVID COVERAGE ROW
  • Law360
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POTENTIAL EMPLOYER LIABILITY STEMMING FROM THE COVID-19 PANDEMIC
  • Risk Management Magazine (RMM)
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SPACS, COVID-19, AND ESG, OH MY! — WHAT’S A DIRECTOR TO DO?
  • National Association of Corporate Directors (NACD)
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COVID-19 AND RETURN TO WORK RECENT DEVELOPMENTS REGARDING THE VACCINE AND ITS IMPACT
  • Employment Law Insider & Alert
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COVID-19 AND BUSINESS INTERRUPTION: SOME LOSSES ARE COVERED AND HERE’S WHY
  • Risk & Insurance
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COVID-19 Insurance Coverage and the Virus Exclusion
  • Policyholder Alert
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COVID-19 and Return to Work: Recent Developments Regarding the Vaccine and Its Impact on Employers and Employees
  • Employment Law Insider Alert
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COVID-19: INSURANCE COVERAGE FOR THE ENERGY AND MANUFACTURING INDUSTRIES
  • National Underwriter (NU) Perspective
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COVID-19: KEEP CALM AND REVIEW YOUR INSURANCE
  • Hotels Magazine
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Covid-19 Insurance Claims Update: Beware Contractual Limitations Periods
  • Policyholder Alert
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10 TIPS FOR GETTING COVID-19 BUSINESS INTERRUPTION CLAIMS PAID
  • Risk Management Magazine (RMM)
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BUILDERS RISK POLICIES COVER COVID-19 CONSTRUCTION LOSSES
  • Law 360
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(ADVISEN) YEAR IN REVIEW: NEW DEVELOPMENTS IN EMERGING COVERAGE DISPUTES
  • Advisen Front Page News
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(CCBJ) NEW DEVELOPMENTS IN EMERGING COVERAGE DISPUTES
  • Corporate Counsel Business Journal (CCBJ)
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A 10-POINT CHECKLIST FOR TRANSFERRING RISK
  • Construction Executive
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ANTICIPATING CORONAVIRUS D&O INSURANCE CLAIMS
  • Risk Management Magazine
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After a Year of Pandemic, Assess Your Insurance Coverage
  • From the Desk of Anderson Kill Philadelphia
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CORONAVIRUS TRIGGERS ARGUMENTS OVER INSURANCE FOR PHYSICAL DAMAGE
  • Risk Management Magazine
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News

Third Circuit Tosses Insurer Win in Nursing Home Coverage Row
  • December 27, 2023
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La. Supreme Court to Hear Appeal of Rare Policyholder Victory in COVID Claim
  • November 23, 2022
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Will 1st Anniversary of COVID-19 Shutdowns Spur New Wave of COVID Lawsuits?
  • March 4, 2021
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You’ve Got a Friend in Me: A Conversation with Marshall Gilinsky of Anderson Kill
  • October 31, 2022
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Health Care Co. Seeks Full Coverage For COVID Claims
  • October 11, 2022
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Vermont Supreme Court rules that policyholder can seek coverage for “direct physical loss or damage” stemming from COVID-19
  • September 23, 2022
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NH Medical Society Denounces Insurers’ COVID-19 Science
  • June 24, 2022
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Appeals Court First to Rule in Favor of Coverage for COVID Shutdown
  • June 17, 2022
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French Quarter restaurant wins appeal in bid to get COVID business interruption insurance payments
  • June 17, 2022
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Restaurant entitled to business interruption cover: State appeals court
  • June 15, 2022
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Cincinnati Prevails In Pa. Athletic Club’s Virus Coverage Suit
  • March 24, 2022
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Wis. Justices Told Biz Insured For ‘Short Term’ Virus Closures
  • April 12, 2022
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What To Know As Vermont Justices Hear Virus Coverage Row
  • January 24, 2022
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Have precedents been set; could COVID-19 be considered physical damage?
  • April 23, 2020
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Hospitality Attys Eye Pandemic Impact On Industry In 2022
  • January 3, 2022
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Insurance Policies Stacked Against Covid-19 Claims: State Survey
  • April 17, 2020
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Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim
  • February 17, 2021
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WILL INSURANCE COVER COVID-RELATED BUSINESS LOSSES?
  • April 7, 2020
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Top exec with coronavirus a reportable event? It all depends
  • April 2, 2020
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The Role of Insurance in Virus Fallout
  • February 19, 2020
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People

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Luma S. Al-Shibib

Shareholder , New York

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Dennis J. Artese

Shareholder , New York

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Carrie Maylor DiCanio

Office Managing Shareholder , Denver

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Izak Feldgreber

Professional Staff , New York

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Harris Gershman

Professional Staff , New York

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Marshall Gilinsky

Shareholder , Boston, Denver, New York

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Diana Shafter Gliedman

Shareholder , New York

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Pamela D. Hans

Office Managing Shareholder , Philadelphia

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Finley T. Harckham

Shareholder , New York

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Bridget Byrnes Hirsch

Of Counsel , Los Angeles

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John P. Lacey Jr.

Attorney , Newark

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John M. Leonard

Shareholder , New York

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Cort T. Malone

Shareholder , New York

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Raymond A. Mascia Jr.

Shareholder , New York

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Ethan W. Middlebrooks

Shareholder , New York

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Rhonda D. Orin

Office Managing Shareholder , Washington, DC

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William G. Passannante

Shareholder , New York

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Steven J. Pudell

Office Managing Shareholder , Newark

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Allen R. Wolff

Shareholder , New York

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Key Contact(s)
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Marshall Gilinsky
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Rhonda D. Orin
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Dennis J. Artese
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© Copyright 2024 by Anderson Kill P.C.