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Two More Judges Reaffirm Pandemic-Related Shutdown Orders Do Not Constitute Physical Damage
October 7, 2020

Over the past couple of weeks, two additional court rulings have reaffirmed that business interruption (BI) policies are only triggered by direct physical damage to property and are not designed to cover pandemic-related losses. These are part of a nationwide litigation trend—spearheaded by trial attorneys—attempting to retroactively change BI contracts to cover uninsured pandemic claims, jeopardizing insurers' ability to meet promises to policyholders' on covered claims.

To date, there has been a growing list of court decisions across the U.S. that affirm standard BI policies don't cover COVID-19 shutdowns. Direct physical loss or damage must occur for a BI claim to be triggered, and government orders do not constitute direct physical loss or damage to property. For more information, please visit fairinsure.org.