Class Action Filed Against 11 Insurers For Pandemic Claim Denials - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Property and Casualty News
Property and Casualty News RSS Get our newsletter
Order Prints
August 26, 2020 Property and Casualty News
Share
Share
Post
Email

Class Action Filed Against 11 Insurers For Pandemic Claim Denials

By Staff Reports

Law firm Grant & Eisenhofer has filed a pair of class actions against 11 insurance companies who denied coverage claims for business shutdowns due to COVID-19.

The suits were brought on behalf of a fitness center in Tennessee and a group of Philadelphia cafés and wine and beer bars, respectively. They were filed in U.S. District Court for the Eastern District of Pennsylvania, in Philadelphia.

Defendants include Philadelphia Indemnity Insurance Co. (PIIC), and Allianz Global Risks US Insurance Co., as well as nine of its domestic underwriting subsidiaries.

Grant & Eisenhofer’s clients purchased insurance policies that indemnified them for suspension of business activities and/or the rendering of their premises as unusable – the fate of businesses nationwide as a result of shutdown orders imposed to limit the spread of coronavirus.

The filings follow a lawsuit Grant & Eisenhofer brought in June against Markel Insurance Co. for refusing to cover losses suffered by franchisees of Anytime Fitness, a chain of gyms that was shuttered in the wake of the pandemic.

“We continue to see small enterprises that purchased commercial insurance policies denied compensation for the catastrophic losses they suffered as a result of the state-imposed shutdowns of non-essential businesses,” said Grant & Eisenhofer director Adam Gomez.

“Regarding our clients and others in similar circumstances, their insurance companies and underwriters have shamefully evaded their contractual responsibility to cover loss of income and other unforeseen expenses resulting directly from suspension of operations due to the pandemic restrictions,” Gomez added. All of these small businesses duly and timely paid their premiums. We intend to hold their insurers – enormous national and international concerns – to their side of the contracts they signed, and to secure the financial support they paid for and deserve.”

The lawsuits seek declaratory judgments that losses suffered due to COVID-related shutdowns are covered by the plaintiffs’ insurance policies. The suits also allege breach of contract on the part of the insurance companies as well as breach of the duty of good faith and fair dealing. Plaintiffs seek appropriate compensatory and punitive damages.

The plaintiffs seek to join with similarly situated businesses in their respective industries who have bought insurance policies offering coverage for loss of business income, and have had such coverage denied during the period of shutdown.

Tria Café Complaint

On Aug. 25 Grant & Eisenhofer filed suit on behalf of Tria Café, Alaska Café, and Tria Taproom, related businesses located in Philadelphia. Each had purchased a policy from American Automobile Insurance Co. (AAIC) that, the complaint states, “protected Plaintiffs against the actual loss of business income due to a suspension of Plaintiffs’ respective operations.”

Eating establishments in Philadelphia were forced to close on March 17 on orders of the mayor, health commissioner, and state governor. At their reopening on June 5, they were allowed no more than 25 customers at a time or 25% capacity, and required to operate with an exhaustive list of restrictions to encourage social distancing and preserve customer and employee health.

The complaint states, “Contrary to the plain language of the Policies, and to AAIC’s corresponding promises and contractual obligations, on July 9, 2020, AAIC refused to pay for Plaintiffs’ respective losses and expenses under the terms of the Policies.”

David Kwass, co-owner of the Tria Group, discussed the restaurants and bars’ reasons for spearheading litigation against these insurers. “It’s common sense that if a multinational insurer collects premiums year after year, it can’t just refuse reimbursement to a customer who suffers business interruptions beyond their control. What else is business interruption insurance for? Valuing corporate profits ahead of the local folks who work in neighborhood businesses is outrageous.”

NBS Fitness Complaint

On Aug. 20 Grant & Eisenhofer filed suit on behalf of NBS Fitness, a gym in Cordova, Tenn., east of Memphis. NBS was forced to close on March 23 on the order of Gov. Bill Lee; since its May 4 reopening, NBS and other fitness centers in Tennessee have had to restrict usage of their facilities to 25% occupancy and limit the time clients spend on the premises. Gyms have also had to move equipment to accommodate social distancing, and conduct extra cleaning and disinfecting.

The Philadelphia Indemnity Insurance Co.’s denial of coverage to NSB was arbitrary and peremptory, according to the complaint: “It did so without performing a reasonable investigation into NBS’ claimed loss and without communicating its final denial of coverage in writing. Rather, NBS was informed of PIIC’s denial of its claim for coverage when NBS accessed PIIC’s online claim summary and found a message stating only that the claim had been ‘Closed – No Payment.’”

Grant & Eisenhofer director Elizabeth Graham, also working on the coverage cases, noted: “Insurance exists as a safety so that small businesses have a fighting chance in extreme circumstances such as we are witnessing now. For insurers to go back on their word and cut small businesses loose when they most need help is unconscionable. We intend to hold them accountable to their own contracts.”

No image

This report compiled by InsuranceNewsNet staff.

Older

RILAs Take The FIA Road In This Crisis

Newer

AP-NORC Poll: Many Americans Shoring Up Finances

Advisor News

  • What advisors need to know about the life settlement boom
  • Report: Many Americans paying up to 45% of annual income on auto loans
  • Latest state budget raises taxes on Californians, ignores voter priorities
  • What advisors and clients must know about Roth conversions
  • Worker retirement confidence dips to lowest level in a decade
More Advisor News

Annuity News

  • Globe Life Inc. (NYSE: GL) Making Surprising Moves in Tuesday Session
  • Why annuities are gaining traction with younger investors
  • Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
  • Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
  • Fortitude Re Completes $500 Million FABN Issuance
More Annuity News

Health/Employee Benefits News

  • Roberts Disability Law Sues Unum Life Insurance Company of America on Behalf of Disabled Valero Refinery Operator for Allegedly Underpaying Long-Term Disability Benefits
  • Judge allows UnitedHealth 401(k) forfeiture lawsuit to proceed
  • 77% of caregivers are drowning in costs
  • While Mainers still reeling from health insurance hikes, insurers propose more
  • Change to Florida Medicaid leads to lawsuit. How it could affect kids’ checkups
More Health/Employee Benefits News

Life Insurance News

  • Roberts Disability Law Sues Unum Life Insurance Company of America on Behalf of Disabled Valero Refinery Operator for Allegedly Underpaying Long-Term Disability Benefits
  • Avoid the ‘summertime slump:’ Strategies to remain productive
  • Globe Life Inc. (NYSE: GL) Making Surprising Moves in Tuesday Session
  • Symetra Partners with PlanSource to Streamline Workforce Benefits Administration
  • Royal Neighbors of America achieves record growth
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Maximize Your FIA Case Results
Learn a repeatable process to review, reposition, and present FIA opportunities with confidence.

Aim higher during Annuity Awareness Month
Raise the bar with our diverse portfolio of Ascend annuities, backed by superior financial strength

You Could Be Losing Up to 20% of Your Commissions
GreenWave helps you find, fix, and prevent commission errors.

True Independence Means Having Choices
Cambridge offers flexibility, stability, proven tools—no private equity strings attached.

Life moves fast. Your BGA should, too.
Stay ahead with Modern Life's AI-powered tech and expert support.

Looking for stronger rates, amplified growth & real results?
Sentinel's Accumulation Protector Plus℠ Annuity is for clients wanting more from retirement planning

Press Releases

  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
  • RFP #T01625
  • Rockwood Programs Appoints Kerry Ladouceur as Vice President, Financial Lines
  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet