Scott Seaman Discusses the Next Hurdle in COVID Business Interruption Claims: Persuading Juries

Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed with Law360 the significance of a Missouri federal jury's verdict last week in favor of the insurer on a restaurant operator's COVID-19 business interruption claim. The verdict was the first jury trial in the country on a claim for pandemic-related business losses.

"The policyholders' bar has been biting at the bit to get a COVID-19 business interruption case to a jury," said Seaman. "They saw a potential opening and avoided the fate of having their cases ended early on motions to dismiss in some Missouri cases, particularly before Judge Bough. Their wish for a jury trial was granted and they still lost."

With regard to the verdict, while noting that "we do not have the benefit of knowing the precise thinking of the jury," Seaman added that "we know that the first 12 jurors to consider the issue came to the same conclusion as hundreds of judges — no coverage."

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"Persuading Juries Is The Next Hurdle For Virus Coverage" was published by Law360 on November 1, 2021.