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David Buishas and Elisabeth Ross Offer Insights on Recent Ninth Circuit Arguments in COVID-19 Business Interruption Cases in Law360


BatesCarey’s David J. Buishas and Elisabeth C. Ross were quoted as insurance industry representatives in a recent Law360 industry analysis addressing appeals pending in the Ninth Circuit over whether business interruption coverage extends to pandemic-related losses, foreshadowing the many cases pending before the federal appellate and trial courts.

More than a year into the pandemic, many business-interruption insurance lawsuits have reached the federal appellate courts, with the Ninth Circuit leading with 61 appeals. The legal community is now waiting to see whether the Ninth Circuit will resolve these cases consistently with the vast majority of federal courts in California, and around the nation, which have sided with insurers and acknowledged that losses due to regulatory restrictions on public gathering during the pandemic are simply not intended to be covered by commercial property policies.

To read David’s and Elisabeth’s insurer-side insights on these critical arguments in Law360, click here.