McKool Smith Principal Michael Miguel was featured in the GlobeSt.com article, “Suits Over COVID Losses Seeing Mixed Results,” discussing the litigation between insurer and policyholder.
The article notes that insurance companies have been making well-coordinated arguments across the nation. However, Michael said, “At the early stage of litigation, courts have been asked by insurers to dismiss all claims because there is no possibility of coverage under the policies.” Because the nature of COVID-19 related damages are unlike the traditional notion of “damage.” In addition, the pandemic has changed how policies are drafted to exclude any pathogen caused damages.
Moreover, the legal industry is seeing attorneys rush into the insurance practice as the demand to represent policyholders has piled up. “Unfortunately, the disparate level of experience is showing up in how claims are presented and the arguments being made (or not made) around the country by claimants and their counsel,” said Michael.