Businesses across the U.S. are in a legal fight with insurance companies over rejected claims for revenue lost during government-ordered COVID-19 shutdowns. Insurers have consistently argued that their policies do not cover pandemics, and courts have largely sided with them. A key development occurred in a Missouri case where a federal judge allowed a lawsuit to proceed, ruling that COVID-19 particles could be considered a “physical substance” that damaged property. This ruling has provided a potential new legal path for businesses, whose attorneys, including Steve Marks of Podhurst Orseck P.A., are now amending complaints to argue the virus itself caused direct physical damage to their properties.
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Originally published by Ron Hurtibise | Sep 12, 2020 | South Florida Sun Sentinel