Protesters have come out in droves across the United States to speak out against the killing of George Floyd, an unarmed black man who died after a white Minneapolis police officer knelt on his neck for eight minutes and forty-six seconds—the latest incident of brutality against African-Americans. While the protests have been largely peaceful, some people have used the unrest as an opportunity to vandalize and loot stores in cities, including New York, Los Angeles and Minneapolis. The civil unrest comes as business owners continue to cope with the economic impact of the COVID-19 outbreak, which also required them to analyze the fine print of their insurance policies.

The first New York decision addressing business interruption and insurance regarding COVID-19 claims ruled in favor of the insurer and against the policyholder—finding that actual property damage is required to trigger business interruption coverage. See Social Life Magazine Inc. v Sentinel Ins. Co., 1:20-cv-03311-VEC (Dkt 24-1, S.D.N.Y., May 14, 2020 However, some recent COVID-19 cases including one by a French Court, have resulted in findings of coverage in favor of policyholders, including the recent headlines in this Journal regarding the global insurer AXA concerning business interruption claims by a group of restaurants. See, Turner, Heather, AXA Vows to Pay Claims After Losing French Court Battle. (May 26,2020) www.law.com

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