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McKool Smith principal Robin Cohen was interviewed by Retail Touchpoints on the topic of reopening of retail stores. Robin cautioned that businesses need to be prepared for the next wave of claims “for allegedly exposing or unnecessarily increasing the risk of exposure of employees or customers to the coronavirus.” Also, many insurers have been denying coronavirus business interruption claims across the board. However, Robin explained, “Policyholders may be able to obtain coverage despite exclusions that could encompass viruses, if the causation language in those exclusions is narrow such that policyholders can argue their losses were not directly caused by a virus — or if insurers use very broad language that arguably encompasses virus, but the exclusions are more properly read to apply to traditional pollutants or contaminants, not something like coronavirus.” Read the full article here.


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