Scott Seaman Discusses in Law360 How Federal Appellate Courts Have Handled COVID Business Interruption Cases

Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed with Law360 how federal appellate courts have handled the deluge of business interruption suits that have swept into the courts as a consequence of the COVID-19 pandemic.

Seaman noted that most federal appellate are not imposing stays in business interruption suits:

It is not surprising that policyholders are seeking to have federal appellate courts hold cases in suspended animation hoping for something better in state court of appeals. It also is not surprising that federal appellate courts, in large and prudent measure, are not taking the bait and allowing their dockets to be cluttered.

The Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits all have issued rulings in favor of insurers, and no federal appellate court has yet ruled for policyholders in COVID-19 coverage claims.

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"The Big Picture: COVID Coverage Cases In Fed. Appeals Court" was published by Law360 on February 25, 2022.