Memorandum on Recent Prevailing Decision on Pandemic Related Claims

The tide for recovering from pandemic-related losses may be turning. Recently, a Louisiana Appellate Court found coverage under a commercial property insurance policy for loss or damage, caused by the COVID-19 pandemic. Louisiana’s 4th Circuit Court of Appeals reversed a trial court decision that dismissed a lawsuit filed by Cajun Conti, owner of the well- known French Quarter restaurant, Oceana Grill.

The insurance policy at issue here was a commercial property insurance policy which did not contain a virus exclusion. The Appellate Court’s opinion held that “Upon review, we conclude that the insurance policy is ambiguous and capable of more than one reasonable interpretation in regards to the coverage of lost business income. Due to the existing ambiguity in the …

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