COVID-19 Business Interruption Update: 5 Things We Know From Recent Judicial Decisions

As COVID-19 cases have continued to surge into the Fall, so have the number of lawsuits filed by corporate policyholders seeking to recover part of the billions of dollars in lost income sustained since the pandemic began earlier this Spring. There are now hundreds of lawsuits pending in state and federal courts in different venues around the country. From these filings, courts have now issued dozens of decisions providing some guidance to parties both in and out of litigation.

While the facts and circumstances of each case are unique, this article will discuss five observations about potential trends as business interruption claims continue to work their way through the courts.