The momentum in favor of the insurance industry in business interruption litigation has picked up speed in recent weeks, with another federal appeals court, as well as the first two state high courts in the U.S., rejecting policyholders’ claims that COVID-19 caused “direct physical harm or damage” to their properties.

But at least one federal court has refused to consider the matter entirely settled, creating a small sliver of hope for insureds in some of these matters.

The Driver: