49ers and Vera Bradley sue insurance companies over denied COVID-19 coverage
49ers, overview of Vera Bradley COVID lawsuits:
- Why: Both lawsuits allege that each insurance company failed to pay covered losses caused by the COVID-19 closures.
- Who: The San Francisco 49ers football team and stadium are suing their insurance company. Handbag company Vera Bradley is also suing her insurance company.
- Or: The 49ers’ COVID lawsuit has been filed in California superior court. The Vera Bradley COVID lawsuit has been filed in Rhode Island Superior Court.
In separate lawsuits, the San Francisco 49ers and Vera Bradley are suing their insurance companies for allegedly failing to pay claims for losses related to shutdowns triggered by the coronavirus pandemic.
49ers argue ‘all-risk’ policy coverage
The San Francisco 49ers (Forty Niners SC Stadium Company LLC, Forty Niners Stadium Management Company LLC, and Forty Niners Football Company LLC) are suing their insurance company, American Home Assurance Company (AHAC).
Due to the coronavirus pandemic, the 49ers’ Levi’s Stadium was forced to close for several months and subsequently operate at limited capacity. The 49ers say their COVID-related losses are covered by their “all-risk” policies, which cover the stadium if it were to “suspend operations for reasons beyond their control,” according to court documents.
The team says its policies include coverage for “losses caused by the spread of viruses or communicable diseases.” AHAC continues to refuse “to pay claims for losses and costs due to COVID-19,” according to the complaint.
49ers seek statement that their claims should be covered by AHAC; actual, special, compensatory and consequential damages; pre-judgment and post-judgment interest; and attorney fees.
Vera Bradley accuses Insurance Co. of ‘calculated plan’ in COVID claims
Vera Bradley, Inc. is suing her insurance company, Affiliated FM Insurance Company (AFM), for breach of contract and acting in bad faith when it refused to pay claims for Vera Bradley’s COVID-related losses in connection of its “all risks” cover.
Vera Bradley argues that her more than 150 properties, which “provide an important sensory component…that online shopping cannot replicate,” have become unusable due to the COVID-19 virus.
Vera Bradley points to its ‘Communicable Disease – Property Damage’ cover, which provides cover if a communicable disease was present on the site and therefore limited or prohibited access. Despite this media coverage, “the AFM has reneged on its obligations”, pleads the complaint.
Additionally, Vera Bradley alleges that the AFM and its parent company, FM Global, are “engaged in a calculated scheme to deny COVID-19-related claims” to its policyholders, as evidenced by an internal FM Global memo, ” Talking Points on the Novel 2019 Coronavirus”. .”
Vera Bradley is asking for a statement that her claims are covered by the AFM, special and consequential damages over $10,000, pre- and post-judgment interest, and attorney’s fees.
What do you think of the denial of the 49ers and Vera Bradley’s COVID claims by their insurers? Sound off in the comments below!
The 49ers plaintiffs are represented by Jennie Lee Anderson of Andrus Anderson LLP, et al.
the 49ers COVID class action is Forty Niners SC Stadium Company LLC, et al. vs. American Home Assurance Company in the Superior Court of the State of California, County of Santa Clara.
Vera Bradley is represented by Stephen M. Prignano of Mcintyre Tate LLP, et al.
the Vera Bradley COVID Class Action is Vera Bradley Inc. v. FM Affiliate Insurance CompanyCase No. PC-2022-01118, in the Superior Court of Rhode Island, Bristol County.
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