on January 28, 2021
Recent decisions out of the U.S. District Court for the Northern District of Ohio demonstrate the complicated and evolving legal landscape both in Ohio and nationally regarding whether COVID-19 related losses are covered under commercial insurance policies. The central question in these cases is whether COVID-19 and/or the various governmental orders related to COVID-19 constitute direct physical loss or damage to insured property....
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on April 8, 2020
The COVID-19 pandemic has resulted in government officials in several states issuing orders that shut down businesses such as restaurants, bars, and casinos. Faced with closed operations and uncertain cash flow, these businesses have looked to their insurers to cover their losses. Policyholders have filed cases in Ohio, Illinois, Louisiana, California, Oklahoma, and Florida seeking recoupment of their business interruption losses. These courts will necessarily resolve key issues in the debate over whether the presence of COVID-19 on property constitutes property damage or direct physical loss....
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on March 18, 2020
As new governmental orders are issued restricting access to your business, however, the door to other coverage grants, including Civil Authority coverage, may be opened....
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on February 20, 2020
In a global economy, companies are increasingly dependent upon their foreign facilities and foreign suppliers to provide products, parts or raw materials. When a pandemic disease occurs that shuts-down facilities, there can be a financial ripple effect causing disruptions in supply chains. While the insurance industry learned from past epidemics like SARS and Ebola, and added specific exclusions to preclude coverage, a policyholder would be wise to review its policies to see if there is an ability to recover any losses....
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