Why sue one at a time when you can sue by the bushel full? Billy Goat Taverns are ganging up against their mutual insurance company, Society National, in a federal class action lawsuit. This lawsuit is seeking damages and a declaration of coverage due to their closure from the coronavirus. This class action lawsuit was filed by a personal injury attorney.
Personal injury advertising attorneys are soliciting for these cases. Their ad copy is often from some of the articles I have cited. An example of these advertisements is from a firm that does a significant amount of advertisements on the internet:
During this unprecedented time in the world, small and large business owners alike are left wondering how they will survive the significant financial blow from COVID-19 (aka the Coronavirus). In Florida, a state heavily reliant on tourism, we have seen substantial hardship amongst hotels, restaurants, medical centers, entertainment centers, and many other businesses. Fortunately, the commercial insurance policy you have been paying for may cover the financial shortfalls associated with COVID-19.
Before reading on, it is important to understand that insurance policies generally come in a variety of flavors and that the discussion below is based on general policy language that may or may not exist in your policy. Therefore, to determine what coverage may be available to you and your business, it is imperative that you consult an attorney to thoroughly review your policy. Even if your policy contains an exclusion for pandemic-related losses, we still want to review your business interruption policy or business loss policy. The case law relating to this area is fluid and ever evolving. Thus, there is a chance your policy may in fact cover financial losses related to the Coronavirus.
Several states are pondering legislation to force insurance carriers cover COVID-19 business-related loss regardless of any exclusion stating otherwise. That’s why it’s imperative you act now and get in line for the possibility that your claim may result in a settlement.
I am not certain if they are signing up clients, but what are they going to do? Are they going to really do some work and test for the presence of the virus? Are they going to hire some accountants and file a proof of loss, which is usually required under most policies?
The ISO filed policyholder advisory notices which indicate there is no coverage. They provide in part:
Stay tuned. Next Tuesday at 2 PM EST, I will be hosting a live stream about the very exciting property insurance coverage issue about “matching.”
Thought For A Friday Night
What’s great is that I keep hearing from people who are discovering ‘Friday Night Lights’ because of streaming and Netflix and Hulu and all of these things. Somehow… things don’t get old as fast as they used to. They stay vibrant.
—Jason Katims
