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French Quarter restaurant suing Lloyd’s of London

Posted on 3/16/20 at 7:21 pm
Posted by tigerskin
Member since Nov 2004
40291 posts
Posted on 3/16/20 at 7:21 pm
That didn’t take long

NEW ORLEANS — In what’s believed to be a first in the U.S., a French Quarter restaurant is suing Lloyd’s of London, hoping a judge will order the U.K. based insurance market to cover losses caused by government-ordered closures due to the coronavirus.

Oceana Grill filed suit against Lloyd’s of London in Orleans Parish Civil District Court on Monday, seeking a declaratory judgment to proactively force its insurance carrier to pay for losses from a pandemic.

LINK
Posted by jlovel7
Louisiana
Member since Aug 2014
21325 posts
Posted on 3/16/20 at 7:21 pm to
Don’t they mean Lords of London?
Posted by burdman
Louisiana
Member since Aug 2007
20686 posts
Posted on 3/16/20 at 7:22 pm to
quote:

suing Lloyd’s of London


Didn’t work for Dylan Moses’ dad
Posted by Buck Dancer
New Orleans
Member since Jan 2008
4680 posts
Posted on 3/16/20 at 7:23 pm to
Will be an interesting case, uncharted waters as this isn’t specifically included or excluded.

Posted by tigerskin
Member since Nov 2004
40291 posts
Posted on 3/16/20 at 7:23 pm to
Did he lose that suit? Never heard the follow up
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 3/16/20 at 7:24 pm to
quote:

Oceana Grill
overrated
Posted by Rize
Spring Texas
Member since Sep 2011
15808 posts
Posted on 3/16/20 at 7:24 pm to
7 lords a leaping.
Posted by TDcline
American Gardens building 11th flor
Member since Aug 2015
9281 posts
Posted on 3/16/20 at 7:24 pm to
I’d actually pay lots of money to see a powerhouse London law firm’s associates take on the backwater Dudley Dubosier-types of New Orleans in a civil suit.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7748 posts
Posted on 3/16/20 at 7:26 pm to
quote:

uncharted waters


Hardly uncharted. These insurance disputes all come down to the language of the policy.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7548 posts
Posted on 3/16/20 at 7:26 pm to
quote:

Will be an interesting case, uncharted waters as this isn’t specifically included or excluded.




Since it’s so uncharted I predict it will be tied up in the courts so long even a judgement in favor will offer no help to the businesses in question.

Posted by Buck Dancer
New Orleans
Member since Jan 2008
4680 posts
Posted on 3/16/20 at 7:28 pm to
Infectious disease business interruption claims are most definitely uncharted waters. Name the last infectious disease business interruption lawsuit smartie pants. I’ll hang up and listen.
Posted by Buck Dancer
New Orleans
Member since Jan 2008
4680 posts
Posted on 3/16/20 at 7:29 pm to
Infectious disease is neither a specifically named coverage or a specifically excluded loss.
Posted by Boston911
Lafayette
Member since Dec 2013
1950 posts
Posted on 3/16/20 at 7:31 pm to
If there’s a force majeure clause in the policy, I wonder how that will work out.
This post was edited on 3/16/20 at 7:41 pm
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 3/16/20 at 7:31 pm to
quote:

Infectious disease is neither a specifically named coverage or a specifically excluded loss.


Should be, ever been in the kitchen of one of those restuarants in that neighborhood?
This post was edited on 3/16/20 at 7:32 pm
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7748 posts
Posted on 3/16/20 at 7:34 pm to
quote:

Infectious disease is neither a specifically named coverage or a specifically excluded loss.



Have you read their policy? It may be as you say, but it may also be addressed (included or excluded) in any number of ways. Most of these policies don't leave a whole lot to chance. And they tend to cleverly exclude all risks other than the ones the insurer agreed to cover.
Posted by Jim Rockford
Member since May 2011
98195 posts
Posted on 3/16/20 at 7:34 pm to
quote:

I’d actually pay lots of money to see a powerhouse London law firm’s associates take on the backwater Dudley Dubosier-types of New Orleans in a civil suit.





Neither side will be using billboard lawyers.
Posted by Buck Dancer
New Orleans
Member since Jan 2008
4680 posts
Posted on 3/16/20 at 7:34 pm to
It will definitely be an issue from this point forward. Just like terrorism coverage post 9/11. Insurance companies for the most part are money hungry and will frick you every chance they get. I do not believe Oceania will be successfully, but, it will be interesting to see how it plays out.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7548 posts
Posted on 3/16/20 at 7:35 pm to
quote:

Infectious disease business interruption claims are most definitely uncharted waters. Name the last infectious disease business interruption lawsuit smartie pants. I’ll hang up and listen.



Who pissed in your cornflakes?

I’m just saying like most things involved with uncharted litigation I opine it will take a very long time to reach any conclusion once both sides are finished arguing and in turn getting other lawyers rich.

Thats generally how this process works...
This post was edited on 3/16/20 at 7:36 pm
Posted by Birdie225
Bottom of the map
Member since Mar 2007
2074 posts
Posted on 3/16/20 at 7:35 pm to
Lloyds policies have wording in their property form that excludes losses due to Virus or bacteria. I’m sure lawyers will do what they do and break that wording down and find loopholes but it is vaguely addressed tom their property forms.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25677 posts
Posted on 3/16/20 at 7:35 pm to
quote:

If there’s a force majeure clause is there, I wonder how that will work out.


Likely there is and the case may well turn on it. I also wonder if there is a choice of law clause.
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