In the cases in which a court has found in favor of policyholders, the courts have held "direct physical loss" means "the act of losing possession" and "deprivation." Courts applying these definitions would find coverage in scenarios—even where an insured's operation is able to continue albeit at a reduced volume or capacity.
In-House Defense Quarterly, The Past, Current, and Future: Landscape of COVID-19-Related Business Interruption Claims and Litigation
Drew Eckl & Farnham Partner Karen Karabinos was recently featured in the DRI In-House Quarterly with her article "Landscape of COVID-19-Related Business Interruption Claims and Litigation. Karabinos spoke on the changing environment of the court rulings as the COVID-19 pandemic continued on.
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Originally published JUNE 14, 2021 .
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