Scott Seaman Discusses Tenth Circuit Decision in Closely Watched COVID Business Interruption Case
In The News | 1 min read
Dec 22, 2021
Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed with Law360 the recent decision by a three-judge panel of the Tenth Circuit’s in Goodwill Industries of Central Oklahoma Inc. v. Philadelphia Indemnity Insurance Co. The appellate court in Goodwill Industries uphold a federal district court’s opinion against an insured who sought to recover business interruption losses caused by government shutdown orders intended to stop the spread of COVID-19. The Tenth Circuit held that that the orders did not cause the plaintiff to suffer a direct physical loss as required by the subject policy to obtain coverage from the defendant insurance company. The court further held coverage also was barred by the virus exclusion.
Quipped Seaman in the article, "[i]f we were playing insurance coverage poker, the Tenth Circuit decision provided insurers with a straight, with insurers now having defeated COVID-19 coverage claims in the Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits[.]” He added that “the Tenth Circuit correctly based its decision on the plain policy language. It also looked to Webster's Dictionary and available case law.”
Read the full Law360 article (subscription required)
"10th Circ. Hands Insurers Another Win In Virus Coverage Suits" was published by Law360 on December 21, 2021.
Related People
Related Capabilities
Related Locations
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm




