State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief.
These cases present the following key issue for courts: does the alleged presence of the COVID-19 virus on property constitute physical damage to that property?
On January 14, 2021, the U.S. District Court for the Eastern District of Pennsylvania found that the presence of COVID-19 on property does not constitute property damage.