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Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims | Chartwell Law

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It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect, businesses that were impacted began making claims with insurers for first-party coverage related to the loss of business income. Consequently, these cases were heard by both the New Jersey Superior Court and the United States District Court for the District of New Jersey.

Most of these cases remain at the trial level. As such, there has been a limited opportunity for the courts to rule on the substance of these types of claims. However, in some instances, the parties have sought early dismissal through motions to dismiss. These early orders and opinions have revealed that New Jersey federal and state courts are willing to enforce virus exclusions when applicable. However, the courts have been unwilling to determine if COVID-19 represents a direct physical loss without the benefit of discovery.

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Class Actions Quarterly Update: How Have Plaintiffs' Class Actions Suing For Coverage for Business Interruptions From Covid-19 Fared Thus Far? | Arent Fox

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Our initial alert highlighted various hospitality and service industry businesses suing their insurers to recover for losses arising out of closure and stay-at-home (Civil Authority) orders. Since then, thousands more individual and class action coverage actions have been filed seeking business interruption coverage as a result of Covid-19. This article assesses how these new actions have fared thus far.

The class action cases generally allege one of two theories to support claims for business income losses. Many of the class plaintiffs have alleged that the forced closure of business operations by state and local governments (civil authorities) was sufficient to support a claim, without a showing of damage to covered property. Most of these claims have been decided in favor of the insurer defendants, resulting in dismissals of the initial complaints.

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COVID-19 Business Interruption Suits: An Overview Of Decisions To Date | Goodwin

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The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S., most states and municipalities have at various points throughout the pandemic issued “shut down” orders to businesses in order to mitigate the spread of the virus. Businesses complied and suffered tremendous losses as a result. As we forecasted, many businesses subsequently filed claims with their commercial liability insurers, typically claiming that their losses are covered under the “business interruption” or the “civil authority” provisions of their policies. Those provisions are generally intended to provide coverage as follows:

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Courts Find Coverage For COVID-19 Business Interruption Losses - Insurance

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Policyholders are hailing two recent victories in their pursuit
of insurance coverage for COVID-related business interruption
losses. A North Carolina court granted a policyholder summary
judgment that a commercial property insurance policy covers
business interruption losses resulting from COVID-related
government shutdown orders. Meanwhile, a Florida federal court
determined a "virus exclusion" does not preclude a
policyholder from pursuing insurance for COVID-related business
interruption loss. These decisions clearly reject the insurance
industry's self-serving mantra that COVID-related losses are
not covered by insurance.
In
North State Deli, LLC v. Cincinnati Insurance

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Courts Say Business Interruption Insurance Covers COVID-19

Courts Say Business Interruption Insurance Covers COVID-19
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