It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose burden it is to prove that the insurer was prejudiced, especially in property insurance claims involving Citizens

Insurers Assert Single Occurrence Defense to Duck Coverage for Nordstrom

Nordstrom, like other retailers, sustained property damage and business interruption expenses as a result of protests arising out of the Black Lives Matter movement. Although the retailer supports BLM, its insurers do not support Nordstrom. In a complaint filed in district court in the Western District of Washington (access here), Nordstrom alleges that

One Day, Two Different Decisions: Mississippi and Texas Federal Courts Issue Opinions in COVID-19 Insurance CasesConfirming the growing split of decisions among federal courts addressing COVID-19 insurance issues, two district courts in the Fifth Circuit differed in their interpretation of virus exclusions, with one denying coverage and the other permitting the policyholder’s claim to proceed.

On November 4, a Mississippi federal district court dismissed a restaurant’s complaint for business interruption