Ohio Supreme Court COVID-19 Business Interruption Insurance Coverage Case – Amicus Parties Sought for August 4 Filing


As we discussed in an earlier First Alert, Ohio continues to be a focal point for business interruption insurance coverage litigation. The Ohio Supreme Court will soon decide whether typical commercial property insurance policies must cover business interruption losses sustained by Ohio companies due to the COVID-19 pandemic. Ohio apparently will be the first U.S. state whose highest court addresses this. The insurer party is Cincinnati Insurance. 
While focused on COVID-19 issues, the court’s opinion may ultimately have a broader impact, influencing specific topics like environmental or cyber insurance coverage claims, and more generally influencing the manner in which Ohio courts construe insurance policy language.
We seek Ohio businesses to sign onto an amicus brief being filed on behalf of the policyholder perspective. (An “amicus brief” is simply a brief filed by a non-party urging the court to take certain big-picture issues into consideration.)
To be clear, there is no monetary cost. Likewise, there’s no need to review and edit the brief unless an amicus so desires, as we will handle that task. 
For any companies interested and willing to serve as one of the amici, please contact James Sullivan at Calfee, Halter & Griswold LLP (kjsullivan@calfee.com; 216-622-8567) by next Monday, August 2. James can also be contacted with any questions about the brief.

For additional information on this topic, please contact your regular Calfee attorney or the author(s) listed below:


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