Analysis

COVID-19 Coverage Fights Head To State High Courts

By Shawn Rice (November 5, 2021, 4:36 PM EDT) -- With federal appellate court rulings so far favoring insurers in COVID-19 coverage fights, policyholders are hoping to strengthen their chances by persuading state high courts to adopt their position that the pandemic has caused covered physical loss or damage to their properties.

The Ohio Supreme Court has agreed to answer the question of whether the presence of the coronavirus causes physical loss or damage to property. (John Deacon/courthouses.co) Most recently, a South Carolina federal judge last month submitted questions — including one on the "direct physical loss or damage" issue — to the state's Supreme Court in Sullivan Management LLC's dispute with...

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