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The COVID-19 pandemic has unleashed one of the largest waves of insurance coverage litigation in American history. Since the onset of the pandemic in March of 2020, over 2,100 lawsuits have been filed against the insurance industry in at least 44 states seeking coverage for COVID-19-related business interruption. These cases have resulted in over 800 trial court decisions on the merits and almost 20 appellate court decisions to date with more constantly pouring in.
This presentation will explore the most significant decisions handed down by the courts on two key areas of this litigation: (1) the key exclusions in all-risk policies asserted by insurers as bars to coverage; and (2) affirmative coverage for communicable disease. The presentation will provide registrants with both valuable takeaways and insights into the key trends emerging from these decisions.
Please join Scott D. Greenspan, a Senior Counsel from Pillsbury Winthrop Shaw Pittman LLP who also serves as the national coordinator of the firm’s COVID-19 business interruption practice, as he addresses:
- Court decisions on the exclusions that insurers are most often raising as bars to coverage for COVID-19 losses:
- The ISO Virus Exclusion and other very broad exclusions for virus (10 minutes)
- The Contamination Exclusion found in Zurich EDGE and FM/AFM policies (10 minutes)
- The Microorganisms Exclusion (5 minutes)
- The Pollution Exclusion (5 minutes)
- The Ordinance or Law Exclusion (5 minutes)
- The Loss of Use/Loss of Market Exclusion (5 minutes)
- The Acts or Decisions Exclusion (5 minutes)
- Court decisions on communicable disease coverage:
- Is affirmative coverage for communicable disease a recognition that communicable diseases can also cause physical loss or damage? (7.5 minutes)
- Are claims for communicable disease limited to the policies’ sublimits for communicable disease coverages or can they unlock the policies’ larger limits for business interruption? (7.5 minutes)