Saturday, October 10, 2026

Can Business owners sue insurers over coronavirus losses?

The decision against Cincinnati Insurance Co by U.S. District Judge Stephen Bough in Kansas City appears to be first victory for policyholders suing insurers for improperly denying claims related to shutdowns caused by COVID-19.  

Insurers had won similar cases in courts in Michigan and Washington, D.C., successfully arguing that coverage was not warranted because the virus travels through the air and does not cause physical damage.  

In refusing to dismiss the Missouri case, Bough said the presence of COVID-19 was not a “benign condition,” and the plaintiffs plausibly alleged that particles were a “physical substance” that attached to and damaged their property, rendering them unsafe and unusable.  

Bough did not rule on the case’s merits. The plaintiffs operate businesses in Missouri and Kansas.  

Cincinnati Insurance is a unit of Cincinnati Financial Corp. Its lawyers did not immediately respond to requests for comment.  

Brandon Boulware, a lawyer for the plaintiffs, called the decision a “significant win” for policyholders.  

“The Cincinnati policy is an ‘all-risks’ policy and does not contain any exclusion for losses caused by a virus,” he said. “The court’s order correctly recognizes that.”  

Business owners have filed hundreds of lawsuits claiming that their business interruption insurance, which typically offers coverage for losses from calamities such as fires or floods, should also cover a pandemic.  

Insurers have countered that applying such coverage to COVID-19 losses would result in crippling payouts and deplete their capital.  

Analysts have said the industry’s coronavirus-related losses have so far been modest.  

The Judicial Panel on Multidistrict Litigation is considering whether to consolidate hundreds of lawsuits seeking business interruption coverage for COVID-19.  

The case is Studio 417 Inc et al v Cincinnati Insurance Co, U.S. District Court, Western District of Missouri, No. 20-03127.  

  

Reported by Jonathan Stempel  

Sourced Reuters 

For more Business news follow i-invest Online. 

Latest

Rival firms make the best partners when developing new technology

New research reveals what makes a competitor an attractive...

Researchers warn AI should be treated as a synthetic teammate, not a boss

Recent research sets out how businesses can harness generative...

Essential business books to help build towards a strong year end

A selection of seven thought-provoking reads to broaden business...

Chainguard hits 1 billion container builds as AI speeds up software attacks

Chainguard doubles its build output in six months as...

Subscribe To Our Content

Don't miss

Rival firms make the best partners when developing new technology

New research reveals what makes a competitor an attractive...

Researchers warn AI should be treated as a synthetic teammate, not a boss

Recent research sets out how businesses can harness generative...

Essential business books to help build towards a strong year end

A selection of seven thought-provoking reads to broaden business...

Chainguard hits 1 billion container builds as AI speeds up software attacks

Chainguard doubles its build output in six months as...

New universities to launch within Minerva University System

Fifteen years after setting out to reform higher education,...

Rival firms make the best partners when developing new technology

New research reveals what makes a competitor an attractive partner for co-developing emerging technologies, with a strong market presence signalling proven expertise in developing...

Researchers warn AI should be treated as a synthetic teammate, not a boss

Recent research sets out how businesses can harness generative AI across the product development process while keeping human judgement, oversight and accountability at the...

Essential business books to help build towards a strong year end

A selection of seven thought-provoking reads to broaden business perspectives and inspire fresh ideas for the challenges ahead As we continue to help leaders navigate...

LEAVE A REPLY

Please enter your comment!
Please enter your name here