State: 
Michigan
Year: 
2021
Case Number: 
354418
Issue: 
COVID

In its brief, UP argues four points relating to whether COVID-19 constitute physical loss or damage and whether the findings of previous courts preclude policyholders from being compensated for business interruptions.

 

I.               This case is not the proper vehicle for ruling on an issue that will affect thousands of Michigan businesses

II.            From the inception of the COID-19 pandemic, the insurance industry grossly misrepresented the state of the law on what courts have found constitutes physical loss or damage.

III.          Couch on Insurance misrepresented the state of the case law; and

IV.          To preserve the integrity of the insurance regulatory process, MIC must be estopped from enforcing the virus or bacteria exclusions

Author: 
This brief was authored pro bono by Keven B. Dreher of Reed Smith LLP