The COVID-19 pandemic produced a seismic wave of litigation across multiple sectors, but few areas were as profoundly tested as the property and casualty (P&C) insurance industry. Businesses shuttered by public health orders and grappling with unprecedented financial losses turned to their insurers, only to face widespread claim denials, especially in the context of business interruption coverage.

What followed was a deluge of insurance coverage lawsuits, many of which tested foundational principles of insurance contract interpretation. For attorneys representing policyholders, COVID-19 litigation not only presented novel challenges but also reshaped long-held assumptions about risk allocation, the meaning of “physical loss,” and the limits of bad faith liability.

This article analyzes how COVID-related litigation has impacted P&C claims and identifies strategic considerations for attorneys advocating for policyholders amid the shifting legal terrain.

Click here to read the full article written by Chuck Niblick and first published in The Indiana Lawyer. Login may be required.