Several court rulings across the country have found that the physical presence of the COVID-19 virus on a business’ property does not constitute physical damage in COVID-19 business interruption cases against insurers.

Covington & Burling's Rani Gupta (Photo: Courtesy Photo) Covington & Burling’s Rani Gupta (Photo: Courtesy Photo)

In this week’s episode, Covington & Burling partner Rani Gupta shared why courts might be jumping to conclusions about the virus. In a number of cases, court’s have determined that the impact of COVID on physical property is “inconsequential,” because it could be wiped off surfaces and it disintegrates on its own within days. Gupta said that, instead of pulling that information from complaints, courts are citing other federal court decisions.