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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.

A few of the lawsuits we filed with regard to Covid-19 claims are below:

  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 filed amicus briefs in several notable cases, including the following:

  1. N. State Deli, LLC v. Cincinnati Ins. Co., No. 225PA21-2 (North Carolina Supreme Court, December 13, 2024)
  2. Huntington Ingalls Inc. et al. v. Ace American Insurance Company et al., No. 2021-173 (Vermont Supreme Court, September 23, 2022)

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

“Update on COVID-19 Claims: Where Are We Now?” – Anderson Kill’s 26th Annual Policyholder Conference

Anderson Kill / December 1, 2022

EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS

ABA Insurance Risk Management Forum - IRM Virtual Conversational Series / May 5, 2022

Evolution of COVID-19 Insurance Implications: An Update on Coverage and Employment Issues

RIMS New York Chapter / March 16, 2022

ANDERSON KILL PRESENTS “EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS”

Anderson Kill / February 17, 2022

“Update on COVID-19 Claims, Including Recent Decisions, New Exclusions, and Efforts to Assist Clients” – Anderson Kill’s 25th Annual Policyholder Advisor Conference (2021)

Anderson Kill / December 1, 2021

COVID-19, ESG, and SPACs, Oh My!: Emerging D&O Liabilities

RIMS ERM Conference / November 11, 2021

COVID-19 Business Interruption Loss and Ransomware Coverage

National Association of Waterfront Employers (NAWE) / May 20, 2021

“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

Anderson Kill / November 23, 2020

“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

Anderson Kill / November 10, 2020

COVID-19 – Your Insurance Company Denied Your Claim, So Now What?

ACC Baltimore Chapter / September 14, 2020

COVID-19 and Business Interruption Insurance: Coverage Issues and Exclusions

Strafford Publications / September 1, 2020

COVID-19: Your Insurance Company Denied Your Claim, So Now What?

Anderson Kill / August 17, 2020

Insurance, Renovations & The Pandemic: What Your Policy Does (and Doesn’t) Protect During COVID

The Cooperator New York, Sponsored by Mackoul Risk Solutions / July 30, 2020

Insurance Coverage and Claims Preparation Resulting from COVID-19

American Association of Port Authorities / May 29, 2020

Insurance Coverage and Claims Preparation Resulting from COVID-19 (Lorman)

Lorman / May 12, 2020

Pursing Coverage for COVID-19 Losses

Trial Guides, LLC / May 5, 2020

Understanding Insurance Policies and Potential Insurance Recovery after COVID-19

Lawline / April 23, 2020

Owners, Developers, Builders and Contractors: Insurance Coverage for COVID-19 Losses

Anderson Kill / April 10, 2020

Business in the Age of COVID-19: Contracts Under Economic Distress and Uncertainty Webinar

Celesq / April 6, 2020

Publications

Perspectives: North Carolina Supreme Court gets it right on COVID business interruption coverage

Business Insurance / February 25, 2025

COVID-19 Insurance Coverage and the Virus Exclusion

Policyholder Alert / March 5, 2023

Covid-19 Business Interruption Decisions For Policyholders: State Appellate Courts (Begin To) Recognize Deviations From A Pre-Pandemic Norm

LexisNexis - Practical Guidance / February 1, 2023

SHIFTING MOMENTUM IN COVID BUSINESS INTERRUPTION LITIGATION: AN UPDATE FROM THE FRONT LINES

Policyholder Advisor & Alert / October 17, 2022

Coverage For Business Losses From COVID-19 – A Louisiana Appellate Court Opens The Door

Anderson Kill Policyholder Advisor / June 22, 2022

Supreme Court And New York Court Reject COVID-19 Vaccination And Mask Requirements: What’s Next?

Anderson Kill Employment Law Insider Alert / February 11, 2022

Meeting Suit Limitation Deadlines For COVID-Related Business Interruption Claims

Anderson Kill Policyholder Alert / January 6, 2022

What To Know As Mass. Justices Tackle COVID Coverage Row

Law360 / January 5, 2022

New Jersey State Court Allows Casino To Proceed With Its COVID-19 Business Interruption Claims

Anderson Kill New Jersey Alert / January 5, 2022

Potential Employer Liability Stemming From The Covid-19 Pandemic

Risk Management Magazine (RMM) / November 26, 2021

Spacs, COVID-19, And ESG, Oh My! — What’s A Director To Do?

National Association of Corporate Directors (NACD) / July 25, 2021

COVID-19 and Return to Work: Recent Developments Regarding the Vaccine and Its Impact on Employers and Employees

Employment Law Insider Alert / June 21, 2021

COVID-19 AND RETURN TO WORK RECENT DEVELOPMENTS REGARDING THE VACCINE AND ITS IMPACT

Employment Law Insider & Alert / June 21, 2021

A 10-POINT CHECKLIST FOR TRANSFERRING RISK

Construction Executive / May 7, 2021

(CCBJ) New Developments In Emerging Coverage Disputes

Corporate Counsel Business Journal (CCBJ) / April 1, 2021

Covid-19 Insurance Claims Update: Beware Contractual Limitations Periods

Policyholder Alert / February 22, 2021

10 Tips For Getting Covid-19 Business Interruption Claims Paid

Risk Management Magazine (RMM) / February 10, 2021

After a Year of Pandemic, Assess Your Insurance Coverage

From the Desk of Anderson Kill Philadelphia / February 9, 2021

(Advisen) Year In Review: New Developments In Emerging Coverage Disputes

Advisen Front Page News / January 7, 2021

Coronavirus Triggers Arguments Over Insurance For Physical Damage

Risk Management Magazine / July 18, 2020

COVID-19 And Business Interruption: Some Losses Are Covered And Here’s Why

Risk & Insurance / May 28, 2020

Builders Risk Policies Cover COVID-19 Construction Losses

Law 360 / April 30, 2020

Anticipating Coronavirus D&O Insurance Claims

Risk Management Magazine / April 17, 2020

COVID-19: Insurance Coverage For The Energy And Manufacturing Industries

National Underwriter (NU) Perspective / March 12, 2020

COVID-19: Keep Calm And Review Your Insurance

Hotels Magazine / March 9, 2020

News

Q&A: Will COVID-19 coverage rulings create obstacles to wildfire insurance payouts?

January 21, 2025

North Carolina Supreme Court Finds Coverage for Restaurants’ COVID-19 Business Income Losses

December 13, 2024

Third Circuit Tosses Insurer Win in Nursing Home Coverage Row

December 27, 2023

La. Supreme Court to Hear Appeal of Rare Policyholder Victory in COVID Claim

November 23, 2022

You’ve Got a Friend in Me: A Conversation with Marshall Gilinsky of Anderson Kill

October 31, 2022

Health Care Co. Seeks Full Coverage For COVID Claims

October 11, 2022

Vermont Supreme Court rules that policyholder can seek coverage for “direct physical loss or damage” stemming from COVID-19

September 23, 2022

NH Medical Society Denounces Insurers’ COVID-19 Science

June 24, 2022

French Quarter restaurant wins appeal in bid to get COVID business interruption insurance payments

June 17, 2022

Appeals Court First to Rule in Favor of Coverage for COVID Shutdown

June 17, 2022

Restaurant entitled to business interruption cover: State appeals court

June 15, 2022

Wis. Justices Told Biz Insured For ‘Short Term’ Virus Closures

April 12, 2022

Cincinnati Prevails In Pa. Athletic Club’s Virus Coverage Suit

March 24, 2022

What To Know As Vermont Justices Hear Virus Coverage Row

January 24, 2022

Hospitality Attys Eye Pandemic Impact On Industry In 2022

January 3, 2022

Will 1st Anniversary of COVID-19 Shutdowns Spur New Wave of COVID Lawsuits?

March 4, 2021

Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim

February 17, 2021

Have precedents been set; could COVID-19 be considered physical damage?

April 23, 2020

Insurance Policies Stacked Against Covid-19 Claims: State Survey

April 17, 2020

WILL INSURANCE COVER COVID-RELATED BUSINESS LOSSES?

April 7, 2020

Top exec with coronavirus a reportable event? It all depends

April 2, 2020

The Role of Insurance in Virus Fallout

February 19, 2020

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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Izak Feldgreber

Professional Staff , New York

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Harris Gershman

Professional Staff , New York

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Marshall Gilinsky

Shareholder , Boston, 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

Of Counsel , 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, Shelton

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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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