Business owner inside a closed storefront. In the few rare cases where a policyholder has netted a win, the facts were very specific and involved exclusions and additional coverages, ambiguous policy provisions, and the actual presence of the COVID-19 virus on business property. (Photo: Irina/Adobe Stock)

In the last two years, businesses across the country have brought lawsuits against their insurers seeking coverage for losses related to the COVID-19 pandemic. According to the University of Pennsylvania Carey Law School’s COVID Coverage Litigation Tracker, over 2,300 suits have been filed seeking business income coverage since March 2020, in state and federal courts.

We are now seeing these cases make it to state high courts.

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