Michael A. Hamilton, partner in Goldberg Segalla’s Global Insurance Services group, spoke with Law360 regarding insurance property cases of interest for the second half of 2022. Specifically, Mike provided insights into COVID-19 coverage cases related to business disruptions, and how these cases compare to asbestos or environmental coverage cases of a similar nature.
“One of the stark differences between the COVID coverage body of cases and the environmental and asbestos coverage litigation is the speed in which the court decisions have come out in the COVID arena, both in the trial courts and now on the appellate level,” Mike explained.
He also discussed how COVID-19 coverage cases faired in appellate court, and expressed that “… a large body of case law has backed the insurers’ position at the pleadings stage on the primary issue of what is considered physical loss or damage under the policies, which led to a quick opportunity to address the issue on an appellate level.
“While COVID-19 coverage cases can have complex issues … the main question on what constitutes physical loss or damage has rightly led to the groundswell of pro-insurer decisions,” he concluded.
“Property Insurance Cases to Watch in the 2nd Half Of 2022,” Law360, July 29, 2022
Michael A. Hamilton handles sophisticated and high-exposure insurance coverage claims and commercial litigation. As a leader of the firm’s Global Insurance Services Pennsylvania and Ohio teams, Mike focuses his practice on environmental, professional liability, construction defect, transportation, and business torts/advertising injury claims. He has been lead-defense counsel in class action litigation, representing insurance companies, self-insurers, and transportation entities. He also has extensive appellate experience, arguing numerous appeals in state and federal courts across the country.