Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the.
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Since the beginning of the COVID-19 business interruption insurance coverage battles, insurers have labored to pour cold water on these claims often hiring the biggest and wealthiest law firms in America to crush hair salons, motels, restaurants and bars represented by solo practitioners or lawyers with little prior insurance coverage experience. Not surprisingly, insurers have been successful in many of these early David-versus-Goliath cases (many of which involved policies with virus exclusions that the policyholders were seeking to avoid by pointing to government shutdown orders and not the virus as the sole cause of their loss), as we recently discussed. But the tide is turning as, increasingly, courts are applying the policies as written rather than how insurers