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Insurers’ COVID-19 Notepad: What You Need to Know Now - Week of July 25, 2022

Client Alert | 1 min read | 07.25.22

Court Dismisses COVID-19 Business Interruption Claim

On July 19, 2022, the Court of Appeals of North Carolina affirmed the dismissal of a property owner’s COVID-19 business interruption claim. The court concluded that the plaintiff’s complaint failed to state a claim for “direct physical loss” to its dwelling because it failed to allege any lost income due to damage or destruction of the property when it alleged only that roads accessing the property were closed due to the prohibition on entry into the county by non-resident visitors related to the COVID-19 pandemic. Opinion at 8-9. The court also found that there was no coverage for loss of use where there was no allegation that the county prohibited the plaintiff from using its property. Id. at 10-11. The case is Four Roses, LLC v. First Protective Ins. Co.

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....