Insurance Coverage for COVID-19 Losses: A Policyholder’s View on Groundbreaking Legal Authority, Establishing Business Interruption Coverage, and Combatting So-Called “Virus” Exclusions

Bent on discouraging claims and avoiding lawsuits, insurance companies have outright denied business interruption claims regardless of the circumstances and despite the clear language of their policies providing coverage for such losses. The industry’s effort to construct a case against liability is built around a central pillar – that COVID-19 does not constitute “physical loss or damage” to property necessary to trigger coverage under commercial property policies. In a resounding victory for policyholders a mere five months after the pandemic swept the U.S., a federal court in Missouri became the first of many to signal that the levee has already broken.  This CLE course will analyze the ongoing COVID-19 coverage litigation from the policyholder’s perspective by exploring subjects including (1) the groundbreaking opinion of Studio 417, Inc. v. The Cincinnati Ins. Co. and subsequent nationwide authority regarding their favorable interpretation of the “physical loss or damage” requirement, (2) the various types of so-called “virus exclusions” being invoked by insurers, and (3) the critical considerations in seeking to establish coverage for COVID-19 losses.  Attendees of all experience levels will come away with a better understanding of national trends and how to avoid the most common pitfalls associated with this type of litigation.

Key topics to be discussed:

•  The groundbreaking opinion of Studio 417, Inc. v. The Cincinnati Ins. Co. and subsequent nationwide authority regarding their favorable interpretation of the “physical loss or damage” requirement
•  The various types of so-called “virus exclusions” being invoked by insurers to avoid coverage
•  The critical policyholder considerations in seeking to establish coverage for COVID-19 losses 

Date / Time: December 16, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 Business days after the original recording date and are view-able for up to one year.