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Court Says Plaintiff Fails to State Plausible Claim to Relief for COVID-19-Related Losses but Allows Amendment of Complaint

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court says the plaintiff, a California restaurant, failed to state plausible claims to relief but gives plaintiff an opportunity to amend its complaint, even if “it does not seem likely” the plaintiff will be able to overcome the complaint’s deficiencies.

Family Tacos, LLC v. Auto Owners Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.

Protégé Rest. Partners LLC v. Sentinel Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court says the plaintiff, a California restaurant, failed to state plausible claims to relief but gives plaintiff an opportunity to amend its complaint, even if “it does not seem likely” the plaintiff will be able to overcome the complaint’s deficiencies.

How can you get BV CPD during COVID-19?

The short answer is ‘virtual.’

Despite COVID-19 and Brexit, the UK minted six new unicorns in 2020

CBInsights has updated its 2020 summary, showing that 76 private startups achieved unicorn status (a unicorn is a private company that has a valuation of more than $1 billion) last year, including six from the UK.

Graspa Consulting v. United Nat’l Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court dismisses plaintiff’s (a restaurant chain owner/operator) claims against insurance company; plaintiffs did not incur (nor did it assert) physical damages to premises as required by the terms of the insurance policy.

Global BV News: VRG releases free webinar on global valuation impacts of COVID-19

A spotlight on pandemic-related market developments in China and Hong Kong, India, Spain, and the U.S. is available as a free webcast from Valuation Research Group.

Court Finds Insurance Policies Are Not Ambiguous as to ‘Physical Loss’ Requirement and Dismisses Plaintiffs’ COVID-19-Related Damages Claims

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants the defendant insurance company’s motion to dismiss plaintiffs’ complaint seeking coverage for lost business income under their insurance policies. Plaintiffs operated a hotel and adjacent banquet and catering facility. In ruling against the plaintiffs, the court found the virus did not perceptibly harm the properties and the policies included a virus exclusion that prevented coverage of business losses.

Court Rejects Plaintiffs’ Argument That Policy Covered Loss of Full Use of Premises Due to COVID-19-Related Shutdowns and Grants Defendant’s Motion to Dismiss

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted defendant insurer’s motion to dismiss the plaintiffs’ claims. The court found the plaintiffs, which operated restaurant and bar facilities in Ohio but had to suspend operations because of the pandemic, did not meet the precondition of “direct physical loss of or damage to” the covered property requirement. Further, the microorganism exclusion precluded coverage of losses.

Court Declines Motion to Dismiss Claim of Coverage for Loss of Income, but Dismisses the Claim of Coverage Under the Civil Authority Provision

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of plaintiff as to coverage for loss of business income but does dismiss the claim of coverage under the civil authority provision of the policy. The court found the wording of the policy sufficiently vague, especially as to the meaning and definition of the word “loss.” In the case of the civil authority provision of the policy, the court decided that plaintiff has not alleged that “[a]ccess to the area immediately surrounding the damaged property is prohibited by civil authority.”

Brunswick Panini’s v. Zurich Am. Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted defendant insurer’s motion to dismiss the plaintiffs’ claims. The court found the plaintiffs, which operated restaurant and bar facilities in Ohio but had to suspend operations because of the pandemic, did not meet the precondition of “direct physical loss of or damage to” the covered property requirement. Further, the microorganism exclusion precluded coverage of losses.

Follow-up comments: How to deal with COVID-19 for Dec. 31, 2019, valuations

Harold Martin (Keiter) has the following additional comments regarding the appraisal discussed in last week’s BVWire article dealing with a valuation date of Dec. 31, 2019, and whether the impact of the coronavirus should be considered a subsequent event.

Equity Planning Corp. v. Westfield Ins. Co.

In this business interruption case resulting from mandatory restrictions to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. The plaintiff’s arguments that it suffered physical loss or damage to its properties did not sway the court. Nor did its arguments that the civil authority provisions and virus exclusion in the policy were not applicable to deny its claims.

Specialty pharmacies resilient amid COVID-19

The pandemic had less of an impact on specialty pharmacies than other types of entities, say speakers on a recent BVR webinar.

How BVR Is Helping to Keep You Connected During Coronavirus

As the world continues to feel the crippling effects of coronavirus, we can’t help but observe the ingenuity and compassion that citizens are showing for their communities. Musicians are hosting live concerts on social media, online subscriptions are discounted left and right, and events all over the world are transforming to webcast versions for all to utilize. We are entering an era of adaptation in a way the world has never seen—and BVR is here for it. Here are some ways BVR is supporting the valuation community during this unpredictable, uncertain time.

MIKMAR, Inc. v. Westfield Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants the defendant insurance company’s motion to dismiss plaintiffs’ complaint seeking coverage for lost business income under their insurance policies. Plaintiffs operated a hotel and adjacent banquet and catering facility. In ruling against the plaintiffs, the court found the virus did not perceptibly harm the properties and the policies included a virus exclusion that prevented coverage of business losses.

Healthcare Valuation in the Corona Virus Era: That Was Then, This Is Now

COVID-19 has impacted perhaps no industry in such a complex way as healthcare. Join Mark Dietrich in this discussion of items to consider before you forecast the likely impact on the healthcare industry of the current crisis. First, it is necessary to understand where the industry was before COVID-19 and then to understand what the crisis revealed about the allocation of resources. Second, you need to consider where future spending will be directed and how ...

McKinsey examines consumer goods and retail in the wake of COVID-19

Consulting firm McKinsey has some very useful economic and industry reports, research studies, and regular briefings.

Derek Scott Williams PLLC v. Cincinnati Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of plaintiff as to coverage for loss of business income but does dismiss the claim of coverage under the civil authority provision of the policy. The court found the wording of the policy sufficiently vague, especially as to the meaning and definition of the word “loss.” In the case of the civil authority provision of the policy, the court decided that plaintiff has not alleged that “[a]ccess to the area immediately surrounding the damaged property is prohibited by civil authority.”

Are business valuations less reliable during COVID-19? (No.)

Independent business valuers may face this question from clients or, if they’re testifying, from the opposing side.

Mercer using a 1% COVID-19 risk premium—for now

Veteran business valuer Chris Mercer (Mercer Capital) was a keynote speaker at the New York State Society of CPAs Business Valuation/Litigation Services Conference, which was held online on May 18.

How COVID-19 Is Impacting the IRS and Valuation Audits

Still reeling from the effects of the government shutdown and budget cutbacks, the pandemic has dealt another blow to the IRS that has affected how the agency selects and reviews tax returns that include valuations. A former IRS manager who dealt with valuations at the agency gives some interesting insights.

Physician Compensation and Valuation: Administering Top Tier Treatment

Assessing physician compensation is a critical component in valuing a physician practice. Many external factors, including the COVID-19 pandemic and proposed changes to the Medicare Physician Fee Schedule, have had and will continue to have significant impacts on physician compensation and associated practice valuations. In this discussion, Derek Long and Katie Culver will explain how physician compensation is analyzed in the context of valuation along with various factors that can influence it, both internally and ...

Valuing Full-Service Restaurants: Six Key Considerations in Today’s Market

The final chapter on the impact of the pandemic on the full-service restaurant sector has yet to be written. In the meantime, thinking continues to evolve on conducting valuations in the current environment. In a new special report, What It’s Worth: Valuing Full-Service Restaurants, BVR covers the fundamentals and unique considerations for restaurant valuation—as well as how to assess the long-term outlook for consumer preferences and financial performance. Based on conversations, webinars, and conference sessions with many valuation experts, here are six pandemic-related issues you should consider.

Valuation of Senior Living and Post-Acute Providers

Join Jed Cheney to learn the considerations when valuing senior living and post-acute healthcare providers ranging from assisted living and memory care to skilled nursing and home health/hospice providers. With insights on the industry at large and government reimbursement considerations along with environmental considerations in the senior living and post-acute provider operating environment, this webinar will focus on various value drivers impacting these providers that should be considered. The impacts of COVID-19 have been significant ...

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