Follow me for a quick 15-minute update on the Business Interruption battles. I will give you my thoughts and the updated score for these cases on today's Friday Forum 2 .
My colleague, John Houghtaling, is trying out the first case of COVID-19 Business Interruption. I argued for coverage yesterday and Law 360 wrote an article about it. There's an amazing amicus card recently submitted by United Policyholders and written by Covington Burling lawyers, which everyone should read.
For readers of this blog, you agree or disagree with this statement:
The virus can only be spread through physical damage to property.
The virus does not spread through intimate sexual contact ̵1; it must first spread and in itself damage property. Air, albeit a gas, is property in terms of property insurance. The virus must first physically damage the air. The harmful virus particles can remain in the damaged air or get stuck in solids – again more damage to property. The virus must, by its nature, first damage property and that is why civilian authorities keep people away from each other – to prevent the virus from further damaging property – the air.
Set the clock at 14 and see yours really with a real sticky Christmas sweater.