'Uphill battle' ahead for homeowners claiming COVID-19 losses

From left: Timothy A. Carroll and Anthony L. Miscioscia of White and Williams.

Commercial enterprises are not the only insurance policyholders facing obstacles to accessing coverage for COVID-19-related financial losses. Many individuals, too, face an uphill battle for coverage under their homeowners policies, as recent appeals court decisions demonstrate.

“Legal Sea Foods isn’t taking no for an answer,” began a May 4 Boston Globe article, reporting on the restaurant chain’s lawsuit against its commercial property insurance company, which allegedly denied the chain’s claim for business-interruption losses on account of a COVID-19-related closure order. Legal Sea Foods is not alone in that endeavor. As recently reported, including by this publication, numerous restaurants, bars, and other businesses are taking their business-interruption coverage claims to court.