The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 by examining past and current judicial opinions, as well as legislative and industry proposals for the future. This Note proposes a framework for courts across the country, state governments, and the federal government to use as guidance for solving problems related to COVID-19 business interruption insurance coverage.
Natalie E. deLatour,
Insuring the "Uninsurable": Business Interruption Insurance Coverage & COVID-19,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol37/iss5/1