COVID-19 Business Interruption Claims Litigation

Summary

This practice note discusses several bases for legal actions involving insurers and policyholders for COVID-19 claims. Topics detailed include choosing a cause of action, breach of contract, physical property damage requirements, declaratory judgments, summons and complaint service, venue and choice of law considerations, and responses to a business interruption complaint. The practice note is non-jurisdictional. While the procedures for pleading causes of action and defenses are assumed to be generic and applicable to all states, check specific pleading and procedural requirements of the jurisdiction in which the action will be filed and defended. Some lawsuits will be prosecuted and defended in federal court and each district may have different pleading and procedural rules with which you must abide.