Recent decisions out of the U.S. District Court for the Northern District of Ohio demonstrate the complicated and evolving legal landscape both in Ohio and nationally regarding whether COVID-19 related losses are covered under commercial insurance policies. The central question in these cases is whether COVID-19 and/or the various governmental orders related to COVID-19 constitute direct physical loss or damage to insured property....
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In Mt. Hawley Ins. Co. v. Slay Engineering, et al., a federal district court in Texas concluded an insurer had a duty to defend a general contractor in a construction defect case alleging breach of contract and negligence....
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