ARTICLE · 18 MAY 2021

Who Is Winning The Covid-19 Insurance Coverage Fight?

Miller Friel

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Who is Winning the Covid-19 Insurance Coverage Fight? It depends on where the lawsuits are being decided. In state court, policyholders are winning roughly one half to three quarters...

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Who is Winning the Covid-19 Insurance Coverage Fight? It depends on where the lawsuits are being decided. In state court, policyholders are winning roughly one half to three quarters of all lawsuits filed. The one half number is for lawsuits containing virus exclusions, and the three quarters number is for lawsuits without a virus exclusions. Federal courts, however, are much more favorable to insurers. The result — insurance carriers are fighting to have federal courts decide Covid-19 cases. Statistics, however, do not explain everything. Policyholders need to look deeper into these statistics to understand why litigation strategy is perhaps more important than the merits of any given claim. But first, some context.

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