Michigan Judge Denies Coverage For Business Interruption Losses Due To COVID-19 Regulations

Kelley Drye & Warren LLP
Following our April 1 webinar COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, Kelley Drye & Warren LLP would like to update attendees on a development in the judicial interpretation of business interruption coverage in the time of COVID-19.

A Michigan state court judge has ruled that Michigan Insurance Company (“Michigan Insurance”) is not required to cover its insured’s business interruption losses caused by COVID-19 regulations.

In Gavrilides Management Company, et al. v. Michigan Ins. Co, Plaintiff Gavrilides Management Company (“Gavrilides”) alleged that a virus exclusion in its policy did not bar coverage because the losses it sustained stemmed from loss of property use due to government regulations regarding COVID-19, not due to the behavior of the virus itself. On July 2, Judge Joyce Draganchuk dismissed Gavrilides’ case finding that, not only were Gavrilides’ business losses excluded under the virus exclusion, but that business interruption losses for loss of use of property was not recoupable under a policy that covered “physical loss or damage.”

It remains to be seen how the Gavrilides case will influence the resolution of other business interruption insurance cases nationwide, if at all, including the pending multidistrict litigation: In re: COVID-19 Business Interruption Protection Insurance Litigation.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kelley Drye & Warren LLP | Attorney Advertising

Written by:

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.