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Ohio becomes the heart of COVID BI claim litigation

Insureds might be in a race to get lower court cases to trial if rulings in favor of insurers are upheld on appeal.

The implications of these court cases stretch beyond COVID, as they could come to bear during future pandemics, and even potentially impact claims stemming from environmental hazards or climate change. <i>(Credit: ErgoSum88/Wiki Commons)</i> The implications of these court cases stretch beyond COVID, as they could come to bear during future pandemics and even potentially impact claims stemming from environmental hazards or climate change. (Credit: ErgoSum88/Wiki Commons)

With two federal courts in the state handing down divergent rulings on whether COVID-19 would constitute a physical loss for business interruption (BI) claims, Ohio is the center for these cases, with judges around the country watching to see which side prevails during appeals.

Through the first three quarters of 2020, business interruption claims stemming from COVID were largely going in favor of insurers, according to K. James Sullivan, leader of the insurance recovery practice and partner at Calfee, Halter & Griswold LLP.

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Steve Hallo

Steve Hallo

Steve Hallo is managing editor of PropertyCasualty360.com. He can be reached at [email protected].  

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