Join me for a quick 15-minute update on the Business Interruption battles. I will give you my thoughts and the updated score on these cases on today’s Friday Forum at 2.
My colleague, John Houghtaling, is in trial on the first case on COVID-19 Business Interruption. I argued for coverage yesterday and Law 360 wrote an article about it. There is a fantastic amicus brief recently filed by United Policyholders and written by Covington Burling lawyers, which all should read.
For readers of this blog, do you agree or disagree with this statement:
The virus can only spread through physical damage to property.
The virus does not spread through intimate sexual contact—it first has to spread and inherently damage property. Air, albeit a gas, is property as far as a property insurance policy is concerned. The virus first has to physically damage the air. The damaging virus particulates can remain in the damaged air or become attached to solids—again, more property damage. The virus has to inherently first damage property and that is why the civil authorities are keeping people away from each other—to keep the virus from further damaging property—the air.
Tune in at 2 PM and see yours truly with a truly tacky Christmas sweater.
