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While defamation lawsuits relating to allegations of sexual assault are still filed, the look-back windows for time-barred claims have created ambiguous areas of coverage for some insured.

On the trial's third day, the plaintiff's lawyer made a discovery that 'flipped the case' and led the defendant to settle for 250% of its $1M policy.

"The majority's failure to recognize this ambiguity will result in a financial burden on insureds of limited economic means," Justice Jorge Labarga wrote.

The lawsuit alleges that the 35 linked MSG companies paid "millions of dollars in premiums," but "instead of honoring their obligations, the insurers have paid nothing for the MSG Insureds' losses."

Michael Pansini, counsel for the plaintiff, said he plans to appeal the decision, calling the statutory employer doctrine 'anachronistic.'

The court ruled on whether there was any physical damage to the properties and if activities designed to prevent the transmission of the coronavirus were 'repairs'.

The insurance policy phrase "direct physical loss of or damage to" has been in the news the past few years thanks to BI cases stemming from the pandemic.

Today, much of what is happening in the workers' compensation system is based on custom, not the law or even best practices.