Insurers have an advantage in pandemic-related business interruption lawsuits, according to attorney Steven Marks of Podhurst Orseck. Federal judges, particularly in the Southern District of Florida, have largely been ruling in favor of insurance companies, finding that pandemic-related financial damages do not constitute a “physical loss” under the policies. Marks and his firm are awaiting appellate court decisions to provide a final determination on what qualifies as physical loss and property damage. He anticipates that going forward, insurers will be far more explicit in excluding virus coverage in their policies.
