Try our Advanced Search for more refined results

Expert Analysis - Opinion

Federal Courts Make 2 Basic Errors In Virus Coverage Rulings

By Lorelie Masters, Michael Levine and Nicholas Stellakis (September 30, 2021, 4:43 PM EDT) -- Something odd is going on in the federal courts in COVID-19 coverage cases. As of late September, insurers have won 95% of the rulings in federal courts.[1] In contrast, policyholders have had considerably greater success in state courts.[2]

To be sure, conventional wisdom suggests that policyholders, which are typically plaintiffs, fare better in state courts,[3] but can that account for a significant disparity in state and federal court results?

Perhaps more importantly, most of the policyholder losses, in both federal and state courts, are on motions to dismiss or motions for judgment on the pleadings. Yes, this has happened in cases...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Read the full article

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Judge Analytics

powered by Lex Machina®

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!