Another Early Win for Insurers in the Business Interruption Coverage Battles
Insights for Insurers Alert | 1 min read
Jul 14, 2020
In the early stages of the COVID-19 coverage battles, we reported on several pro-insurer developments. The positive news for insurers has continued with the Gavrilides Management Company v. Michigan Insurance Company matter in Michigan state court.
At a July 1, 2020 hearing, Judge Joyce Draganchuck dismissed COVID-19 business interruption claims brought by two insured restaurants. The court noted that the policy covers direct physical loss of or damage to property, which means something that alters the physical integrity of the property. Since the insured alleged only loss of use of the restaurants, the court ruled that the policy did not apply. The court further ruled that the policy's virus exclusion would apply even if physical loss or damage had been alleged.
In a tactic utilized by many policyholders in recently filed business interruption lawsuits, the insured had tried to avoid application of the exclusion by alleging that government orders—not the coronavirus—caused the loss of use of the restaurants for dine-in services. The court said that argument was "just simply nonsense, and it comes nowhere close to meeting the requirement that there has to be some physical alteration to or physical damage or tangible damage to the integrity of the building."
Related Capabilities
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation




