Business Interruption Insurance: Post-Pandemic Litigation Developments


This practice note examines underlying principles at work with respect to business interruption insurance and recent case decisions in this evolving area of law. SARS-CoV-2 and the COVID-19 pandemic (collectively, "COVID-19") have given rise to myriad legal issues across every industry. But it is the insurance industry that has experienced the deluge of civil litigation surrounding the novel coronavirus and its effects. To that end, courts in every jurisdiction have been flooded with high-stakes disputes between policyholders and insurers. These disputes largely concern whether business income losses resulting from COVID-19 are compensable under first-party property policies.