Covid Insurance State Court Rulings Reflect ‘Long Game’ Ahead

Business-owners seeking to battle insurers over pandemic-related business interruption coverage received ammunition and some clarity last week in a pair of rulings in New York and Louisiana state courts.

The state courts ruled that the New York Botanical Garden and the Oceana Grill, a New Orleans restaurant, didn’t have to have completely shut down to get coverage. The Louisiana Fourth Circuit Court of Appeal also held that the coronavirus can cause physical damage covered by businesses’ all-risk property insurance.

“The two decisions are not outliers and will provide precedential value, especially the Louisiana case,” said Peter Kochenburger, an insurance law ...