As main catastrophic occasions at all times do, the COVID-19 pandemic has turn into a serious supply of litigation. In truth, it’s already one of many largest waves of insurance protection litigation in our nation’s historical past, and it’s solely simply getting began.
Because the pandemic totally set in and shut every thing down in March 2020, the quantity of litigation that has been filed is staggering. Over 2,100 lawsuits searching for protection for pandemic-related enterprise interruption have been filed in at the very least 44 states. This has generated greater than 800 trial court docket selections and almost 20 appellate court docket selections up to now.
That is just the start.
The authorized panorama surrounding COVID-19 insurance coverage litigation will proceed to be written for years to return. To date, nonetheless, two key points have emerged that practitioners on this space want to grasp:
- Insurers are asserting a variety of exclusions to bar protection for COVID-19 claims below all-risk insurance policies, with various levels of success. Among the most typical that courts have been contemplating embrace virus exclusions, contamination exclusions, air pollution exclusions, and extra.
- Coverage protection for communicable illness might need a lot broader implications. Already courts have been tasked with deciding whether or not affirmative protection for communicable illness is a recognition that communicable illnesses also can trigger bodily loss or injury and whether or not claims for communicable illness are restricted to the insurance policies’ sublimits for communicable illness coverages or if they will unlock the insurance policies’ bigger limits for enterprise interruption, amongst different issues.
As COVID-19 insurance coverage lawsuits proceed to be filed at a notable tempo, understanding what the courts have dominated up to now is essential to formulating case methods going ahead.
That can assist you perceive the present authorized panorama on this space, PLI is providing a one-hour program, COVID-19 Insurance coverage Litigation: Key Exclusions and Communicable Illness Protection, which is able to present beneficial perception into the foremost developments on this space of litigation up to now, and what these developments may imply for future lawsuits. Register right now to remain forward of the curve on this burgeoning space of regulation.