Is It Time to Consider Mediating COVID-19 Related Business Interruption Insurance Claims?
As of the end of 2020, according to the COVID Coverage Litigation Tracker maintained by the University of Pennsylvania Law School, there were 1,457 pending lawsuits between policyholders and insurers seeking rulings as to whether business interruption and/or other losses will be covered under first party property insurance policies. The first lawsuit was filed during the week of March 16, 2020, and new ones are still being filed nearly a year later. Many of the policies have one-year limitations of action provisions, so at some point new filings will taper off, but with closure orders having occurred at different times in different places, we are not at that point yet.
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The American Lawyer
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