COVID-19 is affecting business indiscriminately and sparing none. For most, recovery of COVID-19 related losses is top-of-mind and insurance may be part of the solution. The pandemic poses new, and rejuvenates old legal challenges as companies grapple with mandatory closures, event cancellations, loss of use of business property, service disruptions, supply chain disruptions, and an urgent need for additional or increased operating expenses, among many other impacts. To help our clients navigate these challenges and position themselves to maximize available insurance recoveries, we have created this Insurance Pandemic Resource Center, which is part of the Hunton Andrews Kurth’s multidisciplinary Coronavirus (COVID-19) Resource Center. As this situation evolves, our lawyers are available to answer questions and assist our clients, as we work to get through this unprecedented situation together.

Updates

• Ohio Supreme Court Launches COVID-19 Holdings into Cyberspace; Denies Coverage for Physical Loss or Damage to Computer Software, January 4, 2023
• As a matter of fact, COVID-19/SARS-CoV-2 does cause physical loss or damage to property, Westlaw Today, December 15, 2022
• California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit, November 21, 2022
• Hunton Insurance Team Supports Tapestry, Inc.'s COVID-19 Appeal to Maryland High Court, October 6, 2022
• Vermont Supreme Court Finds COVID-19 May Damage Property, September 27, 2022
• Texas Jury Finds Presence of SARS-CoV-2 Virus Causes "Physical Loss or Damage" to Property, Awards Over $48 Million to Baylor College of Medicine, September 7, 2022
• COVID-19 Losses and Number of Occurrences, July 18, 2022
• Running Out the Clock: The Period of Limitation in COVID-19 Insurance Lawsuits May Soon Come to an End, March 3, 2022
• New Year, New COVID-19 Securities Claims Present Continued D&O Exposures, January 14, 2022
• Another State Court Rules That Insurers Cannot Escape COVID-19, January 10, 2022
• Policyholder Win Highlights Importance of D&O Policies In Mitigating COVID-19-Related Exposures, November 1, 2021
• Hunton Andrews Kurth LLP Partner Michael Levine Testifies in Support of “Leveling the Playing Field” for Policyholders Pursuing COVID-19 Business Income Claims, October 22, 2021
• Ninth Circuit Decisions Reject Coverage for COVID Orders, Leaving Door Open for Cases Presenting Damage Claims, October 8, 2021
• Are Courts Ignoring Policy Interpretation Rules in COVID Decisions?, Insurance Coverage Law Center, July 8, 2021
• New Hampshire Court Finds Hoteliers Sustained Covered COVID-19 BI Loss, June 18, 2021
• New York Federal Court Ignores Policy’s Uniquely Broad Wording in Favor of Following the Herd, May 19, 2021
• Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit, May 6, 2021
• Factory Mutual’s “Contamination” Exclusion Is Ambiguous; May Not Limit Coverage For COVID-19 Business Interruption Loss, April 2, 2021
• Bankruptcy and D&O Insurance: 10 Issues to Consider One Year into the COVID-19 Pandemic, Business Law Today, March 12, 2021
• Hunton Insurance Recovery Partner Michael Levine Quoted on Why Courts Must Consider the Science of COVID-19, March 11, 2021
• Good Result for Goodwill on Its Bid for COVID-19 Business-Interruption Claim, February 11, 2021
• One Ohio Federal Court Serves COVID-19 Insurance Coverage Victory for Policyholders While Another Certifies Business Interruption Coverage Question to State Supreme Court, February 10, 2021
• Ohio Federal Courts Confirm COVID-19 Insurance Coverage, Certify Unsettled Questions to State High Court, January 28, 2021
• Cherokee Nation Wins Summary Judgment in COVID-19 Business Interruption Claim, January 21, 2021
• Federal Court Provides Soothing Comfort for Spa’s COVID-19 Business Income Claim, December 18, 2020
• Cheesecake Factory’s SEC Fines Are Latest D&O Liability to Stem from COVID-19 Pandemic, December 7, 2020
• Construing Ambiguities: Insurers Cannot Meet Their Burden in COVID-19 Cases, Daily Business Review, December 7, 2020
• Class Certification And Multidistrict Litigation Hurdles For Business Interruption Claims, Mealey’s Litigation Report: Insurance, December 2, 2020
• COVID-19 Event-Driven Litigation Continues to Sail, November 18, 2020
• Fla. Court Refuses to Apply So-Called ‘Virus Exclusion’ in COVID Insurance Lawsuit, Daily Business Review, November 11, 2020
• Mitigating FCRA Risk Through Insurance, November 2, 2020
• PA Judge Takes A Step in the Right Direction Refusing Dismissal of COVID-19 Claim, October 30, 2020
• First Judgment Upholding Coverage for COVID-19 Business-Interruption Losses, October 23, 2020
• Insurance Companies Drop Appeal Against the London High Court’s Ruling in the FCA’s “Test-Case”, October 22, 2020
• Georgia Court Says “Au Revoir” to Henry’s Louisiana Grill’s COVID-19 Business Interruption Claim, October 15, 2020
• A Deeper Dive into the Test Case Decision by the English High Court, October 14, 2020
• COVID-19 Business Interruption Coverage: A Policyholder’s Perspective, October 14, 2020
• Florida Court Upholds Coverage for Doctor Office’s COVID-19 Insurance, October 8, 2020
• MDL Panel Denies Consolidation for COVID-19 Insurance Cases for All Insurers (with One Exception), October 8, 2020
• Policyholders Pump Out Another COVID-19 Litigation Victory, October 7, 2020
• English High Court Finds That Business-Interruption Insurance Can Cover COVID-19 Losses, October 6, 2020
• Setting the Correct Prism for Construing Policy Language in COVID-19 Business Interruption Cases Can Be Outcome Determinative, National Law Review, September 29, 2020
• Purported COVID-19 Class Actions Face Big Hurdles, Daily Report, September 28, 2020
• MDL Panel Considers Mini-MDLs For COVID-19 Insurance Cases, September 25, 2020
• Groundbreaking Opinion: COVID Sufficient to Trigger Business Interruption Coverage, Daily Business Review, September 24, 2020
• Policyholders Eye Another Victory in Covid-19 Insurance Litigation, September 16, 2020
• Policyholders and Insurers Await Highly Anticipated English High Court Ruling Regarding Coverage for COVID-19 Business-Interruption Losses, September 14, 2020
• Health Care Providers Should Not Be Dissuaded From Pursuing Recovery For COVID-Related Losses, September 1, 2020
• Despite Misapplying California Law, Federal Court Acknowledges Virus May Cause Physical Alteration to Property, August 31, 2020
• Texas Federal Court's Denial of Barber Shops' COVID-19 Claims Lacks Body and Style, August 27, 2020
• Direct Evidence Of Loss Or Damage May Be Unnecessary To Obtain Coverage For Losses Due To COVID-19, Mealey’s Litigation Report: Insurance, August 26, 2020
• South African Insurers Agree to Pay for COVID-19 Losses, August 24, 2020
• Court Concludes That COVID-19 Losses Can Qualify as "Direct Physical Loss," August 14, 2020
• MDL Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Coverage Cases, August 14, 2020
• Event-Cancellation Insurance Issues During a Pandemic, August 10, 2020
• MDL Panel Considers Consolidation of COVID-19 Business Interruption Claims, August 3, 2020
• Representations and Warranties Insurance Claims & COVID-19, Insurance Coverage Law Center, July 28, 2020
• Q&A: Insurance attorney Michael S. Levine on COVID-19 coverage issues, Thomson Reuters- Westlaw, July 17, 2020
• It’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove Otherwise, July 14, 2020
• Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?, July 13, 2020
• To Offset or Not to Offset: The Interaction between CARES Act Payments/PPP Loans and Insurance Recoveries Due to COVID-19, June 17, 2020
• Restaurant Chain Seeks to Recover COVID-19 Losses Under Food Contamination Theory, June 17, 2020
• To Offset or Not to Offset: The Interaction between CARES Act Payments/PPP Loans and Insurance Recoveries Due to COVID-19, Business Law Today, June 12, 2020
• Global Insurer Agrees to Pay COVID-19 Business Interruption Claims, June 4, 2020
• Insurance Coverage for Businesses Affected by Evolving COVID-19 Government Orders, May 1, 2020
• Policy Provisions Bolster Constitutionality of Proposed Laws on COVID-19 Losses, May 1, 2020
• No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses, April 28, 2020
• Hunton Insurance Recovery Lawyers Discuss D&O Insurance Issues Arising from the COVID-19 Crisis, April 20, 2020
• D&O Insurance Issues Arising from the COVID-19 Crisis, The D & O Diary, April 15, 2020
• D&O Insurance Coverage for COVID-19-Related Government Investigations, April 15, 2020
• Insurance Recovery Partners Lorelie Masters and Michael Levine Set the Record Straight and Dispel the “Fake News” Being Propagated by Insurers and Brokers Who Continue to Speak in Overgeneralized Terms About Insurance for COVID-19 Losses, April 9, 2020
• Hunton Attorneys Author Insurance Coverage Law Center Article Concerning General Liability Coverage for COVID-19, April 8, 2020
• Louisiana Joins Push to Ensure Insurance Coverage for COVID-19 Business Interruption Losses, April 2, 2020
• OH, MA, and NY Join Push to Ensure Insurance Coverage for COVID-19 Business Interruption Losses, March 31, 2020
• Just Because? COVID-19 Coverage under General Liability Insuring Agreements, Insurance Coverage Law Center, March 30, 2020
• California Insurance Commission Issues Notice to Business Interruption Insurers Related to Covid-19, March 30, 2020
• First Houston-Area Lawsuit Filed Over COVID-19 Business Interruption Losses, March 30, 2020
• COVID-19 Impacting Cyber Security; Attacks on the Rise, March 27, 2020
• Two More Lawsuits Filed Over COVID-19 Business Interruption Losses, March 25, 2020

• New Jersey Pulls Bill to Ensure Business Income Coverage for Small Business COVID-19 Losses, March 23, 2020
• Coronavirus and Insurance Coverage - What Attorneys Need to Know, American Bar Association Webinar, March 20, 2020
• The New Jersey General Assembly Passes Bill Ensuring Business Income Coverage for COVID-19 Losses, March 19, 2020
• New York Orders Property Insurers to Explain Their Business Interruption Coverages, March 19, 2020
• Workers Compensation, Insurance, and COVID-19, March 19, 2020
• First Suit to Enforce Business-Interruption Coverage Filed, March 18, 2020
• All Aboard! COVID-19 Securities Suit Sets Sail, Implicates D&O Insurance, March 16, 2020

• Cancelled Due to COVID-19? Look Closely at your Event Cancellation Policy, March 12, 2020
• Coronavirus/COVID-19: Excusing Performance of Commercial Contracts due to ‘Force Majeure’, March 12, 2020
• Three Key Insurance Issues to Consider In Securing Coverage for Coronavirus Losses, March 2, 2020
• Will P&C Insurers Pay Out Coronavirus Claims?, Leaders Edge (Michael Levine quoted), February 27, 2020
• Coronavirus Supply Chain Losses Could Be Tough to Recover,  Business Insurance (Michael Levine quoted), February 18, 2020
• For Businesses Suffering From Coronavirus Losses, Insurance Coverage May Offer a Remedy, Daily Business Review, February 12, 2020
• Coronavirus/COVID-19: For Businesses Suffering From Coronavirus Losses, Insurance May Be the Remedy, February 6, 2020