February 6, 2023
Courts around the nation have held that SARS-CoV-2 cannot cause direct physical damage or loss to property, but policyholder advocates are hoping the California Supreme Court will turn the tide. In a case that pits a concert organizer against its …
December 29, 2022
A business owner’s insurance policy did not provide coverage for software damaged by a ransomware attack because there was no direct physical damage or loss, the Ohio Supreme Court ruled. “Computer software cannot experience ‘direct physical loss or physical damage’ …
December 19, 2022
The Maryland Supreme Court joined high courts in 10 other states in ruling that coronavirus did not cause a direct physical loss or damage covered by an all-risk commercial property policy. The high court on Thursday released a unanimous decision …
November 23, 2022
The Louisiana Supreme Court has agreed to review an appellate court decision that found the COVID virus caused a direct physical loss that was covered by insurance. The Louisiana high court announced Tuesday that it will take up an appeal …
March 8, 2022
Another federal appellate court ruled Monday that a business interruption caused by COVID-19 does not amount to a physical damage or loss covered by a commercial property insurance policy. A panel of the 4th Circuit Court of Appeals affirmed the …
November 17, 2021
California handed down the first state appellate court ruling on whether COVID-19 can cause direct physical damage or loss, deciding like four federal appellate courts before that it cannot. A panel of the California 4th District Court of Appeal on …
October 6, 2021
Since the pandemic began, most of the COVID-19-related business interruption disputes have not gone in favor of the policyholders, especially in federal court. More than 90% of motions to dismiss in federal lawsuits, in fact, have been upheld in cases …
September 2, 2021
Another federal appellate court has ruled against a policyholder who sought coverage for business interruption losses caused by coronavirus restrictions, siding with the vast majority of federal judges in ruling that SARS-CoV-2 does not cause a direct physical loss or …