COVID-19 Map: Where Virus Coverage Litigation Stands

Since the pandemic began, policyholders have filed some 1,376 federal lawsuits against their insurers seeking coverage for losses related to COVID-19, according to Law360's COVID-19 Insurance Case Tracker.

About a third of cases have yet to be fully decided, but the results have not been pretty so far for policyholders.

Nearly half of federal cases have been decided in favor of insurers, with judges dismissing 515 suits and granting carriers' motions for summary judgment or judgment on the pleadings in another 130 suits.

While some policyholders have survived insurers' motions to dismiss or for judgment on the pleadings, according to the tracker, the only federal case to make it to trial resulted in a Missouri jury finding in favor of the insurer.

Another 237 cases, or about 17%, have been voluntarily dismissed.

Policyholders also have struggled to make progress at the federal appellate level, where panels have consistently ruled against businesses seeking COVID-19-related losses. Decisions for insurers have been upheld by the Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh circuits.

While attention has turned to state supreme courts, the first two such decisions in COVID-19 coverage suits have been against policyholders in Massachusetts and Iowa.

--Additional reporting by Chris Villani and Shane Dilworth. Editing by Roy LeBlanc.

For a reprint of this article, please contact reprints@law360.com.