There have been major updates to in the field of COVID-19 business interruption litigation. Several courts have ruled in favor of insurance companies and dismissed business owners claims for coverage. New York and Michigan are two states that have ruled against COVID-19 business interruption claims. The Courts held that business interruption claim payouts require a tangible alteration to a property and that a virus cannot cause such damage. Thus far, Missouri has been the only state court to rule in favor of the Plaintiff and allow the business interruption claim to proceed in litigation. As insurers rack up early wins in court, it will be worth watching to see how creative Plaintiff attorneys adapt to the latest rulings in COVID-19 litigation.
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