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Sommerman, McCaffity, Quesada & Geisler L.L.P.

Personal Injury Attorneys | Sommerman, McCaffity, Quesada & Geisler, L.L.P.

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LOCAL PHONE: (214) 720-0720 – DALLAS

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Attorney Andrew Sommerman Comments on Houston Rockets’ Covid 19 Lawsuit

Houston Chronicle sport reporter David Barron interviewed Andrew Sommerman regarding the Houston Rockets’ Covid 19 lawsuit against its insurance carrier for damages related to the shutdown of NBA games and concert performances in the wake of the COVID 19 pandemic.

Rockets sue insurance carrier over arena’s lost events amid pandemic

David Barron, Houston Chronicle July 20, 2020 Updated: July 20, 2020 8:53 p.m.

The Rockets have filed suit in Rhode Island against the team’s insurance provider, which last month rejected the team’s claim for damages related to the shutdown of NBA games and concert performances in the wake of the COVID-19 pandemic.

The lawsuit, filed in Providence County Superior Court on behalf of Clutch City Sports & Entertainment and Rocket Ball Ltd., accuses Affiliated FM Insurance Co. of breach of contract by refusing last month to honor a policy that provides a maximum of $412 million in coverage for which the team paid $790,490.

The Rockets did not specify the amount of the claim but note in the lawsuit that the policy provides “a substantial portion … in coverage for business interruption losses on a per occurrence basis.”

Toyota Center has lost at least 29 scheduled events, consisting of 20 concerts and nine Rockets games, plus undetermined postseason NBA games because of the COVID-19 shutdown. The pandemic’s impact, the team said, is akin to a natural disaster in its impact on the arena.

“The loss of functionality is no less physical than the impact of a property having lost its roof to a tornado or hurricane,” the Rockets’ attorneys said. “Where once the property could carry on its business function, the property with a blown away and crumbling roof cannot operate in that way. … That is physical damage, as is the loss of function at Toyota Center caused by COVID-19.”

The team claims no exclusions in the policy would limit coverage for physical damage or business interruption losses resulting from the COVID-19 shutdown. Affiliated FM, however, denied the Rockets’ claim on June 29 “by contending that no physical loss has taken place and that various exclusions apply to plaintiffs’ loss.”

“AFM has done so in bad faith, based on an apparent systematic company practice designed to minimize payments for covered COVID-19 payments,” the Rockets said in the lawsuit.

The Rockets are believed to be the first NBA team to file suit over insurance claims related to losses after the NBA season was halted in mid-March.

Dallas personal injury attorney Andy Sommerman said the Rockets likely opted to file in Rhode Island because state courts move cases at a faster pace than federal courts.

Had the case been filed with a state court in Houston, he said, it would have been moved to federal court because the Rockets and the insurance companies are based in different states.

Sommerman also said he expects the wave of COVID-19-related cases will change the way insurance companies market policies.

“When you had the SARS virus a few years ago, insurance companies in states where they had SARS started excluding viruses from their policies,” he said. “With this pandemic, you will see all insurance companies, while still marketing themselves as all-risk, will now have an exclusion regarding pandemics.”

The stakes in this wave of business interruption cases are high for insurers, who say such policies were only intended for physical damage and were never priced to cover a global virus outbreak.

https://www.houstonchronicle.com/texas-sports-nation/rockets/article/Rockets-sue-insurance-carrier-over-arena-s-lost-15421309.php

 

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I would always suggest Sommerman, McCaffity, Quesada & Geisler

My insurance company refused to cover my injuries in an accident where they insured both parties. The other party was unquestionably liable and but did not have sufficient coverage, so damages should have been paid under my uninsured/underinsured coverage. Even though I had paid for uninsured/underinsured coverage for many years, my insurance company refused to pay. Andy Sommerman and his staff at Sommerman, McCaffity, Quesada & Geisler won the case in a jury trial even though there were three times as many attorneys and support on the opposing side. I would always suggest Sommerman, McCaffity, Quesada & Geisler if you need an attorney that is not intimidated by multi-billion dollar insurance companies.

- Roger B.
After Suffering a Hit and Run

After suffering a hit and run, I turned to Sommerman, McCaffity, Quesada & Geisler for some much-needed legal assistance. The team at Sommerman, McCaffity, Quesada & Geisler worked fastidiously for three years to resolve my complex legal matter, and kept me informed throughout the whole process. In the end, Andy Sommerman was successful in having the truck owner’s insurance pay the bills.

- SUE W.
I Refer Them to Sommerman, McCaffity, Quesada & Geisler Without Reservation

Our firm refers all of our personal injury cases to Sommerman, McCaffity, Quesada & Geisler. The clients we refer are treated professionally and are very pleased with the settlement proceeds they receive. Anytime I receive a call regarding a personal injury case, I refer them to Sommerman, McCaffity, Quesada & Geisler without reservation – I know they will be in good hands.

- SCOTTIE A.

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Lawdragon Names Sean McCaffity to List of Nation’s Leading Lawyers for Financial Matters 

For the third consecutive year, the firm’s Sean McCaffity has been recognized on the list of the … [Read More...] about Lawdragon Names Sean McCaffity to List of Nation’s Leading Lawyers for Financial Matters 

Three Firm Attorneys Selected by D Magazine as “Best Lawyers in Dallas”

Based on nominations from attorneys across North Texas and a review by a select panel of attorneys, … [Read More...] about Three Firm Attorneys Selected by D Magazine as “Best Lawyers in Dallas”

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