Following up on the prior analyses (here and here) that Calfee’s insurance policyholder practice issued regarding insurance coverage for business interruption losses stemming from the COVID-19 pandemic, all eyes continue to be trained on Ohio.
On April 14, 2021, the Ohio Supreme Court officially accepted a certified question from the federal Northern District of Ohio that will have broad and sweeping impacts not only on Ohio policyholders, but throughout the U.S. Specifically, Ohio’s Supreme Court has agreed to consider the following: “Does the general presence in the community, or on surfaces at a premises, of the novel coronavirus known as SARS-CoV-2, constitute direct physical loss or damage to property; or does the presence on a premises of a person infected with COVID-19 constitute direct physical loss or damage to property at that premises?”
Following briefing and oral argument, the Ohio Supreme Court’s decision can likely be expected at some point in late 2021. The case is Neuro-Communication Servs., Inc. v. Cincinnati Ins. Co., No. 2021-0130.
To discuss how this case may impact the ability of your company to recover any COVID-19 business interruption losses from its commercial property insurer, please contact any member of Calfee’s Insurance Recovery Practice Group.
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