COVID insurance cases highlight tension in federal-state courts


By John Koch (November 24, 2021, 12:39 p.m. EST) – The coronavirus pandemic has spawned an unprecedented nationwide explosion in insurance coverage litigation. There is no mention of an event that triggers more than 2,000 and has similar lawsuits spread across most of the 50 states in the space of a year and a half.

Certainly there have been and still are other widespread insurance coverage battles, or waves of litigation, in the courts. To name just a few examples, there is the battle over pollution exclusions – both in their “sudden and accidental” and “absolute” or “total” iterations – the multitude of issues arising from long-term liabilities, the coverage of cases of construction defects, September 11 …

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