COVID-19 Business Loss Insurance Caselaw Update

Over the last year, businesses and property owners affected by COVID-19 have faced significant costs and financial losses. Many have sought reimbursement from their insurers for loss of income under policies that generally provide coverage for business interruption. The total number of lawsuits brought by policyholders seeking coverage for their COVID-19 related business interruptions has surpassed 1,500. Although some courts have issued favorable decisions for policyholders, the majority of these cases have resulted in outright dismissal. In the process, certain trends have developed in the decisions.   

This program, presented by coverage attorneys Kirsten J. Orr and Eric R. Leibowitz, will discuss recent case law updates in COVID-19 business interruption insurance across various jurisdictions. The program will benefit attorneys engaged in litigation at both the state and federal level.

Learning Objectives: 

1. Discuss the state of litigation in this area to date and outcomes in key cases
2. Identify various recent trends in the case law including the meaning of physical loss and damage and the application and interpretation of virus exclusions
3. Predict future trends in business loss insurance litigation and legislation relating to COVID-19