Tonkon Torp attorney Frank Weiss was a featured panelist on the April 28 podcast presented by Schulwolf Mediation. The episode focused on insurance coverage for COVID-19 claims.
Frank was joined by host Steve Schulwolf and an attorney from Los Angeles who represents insurance companies to look at the first lawsuits filed for denied insurance claims for COVID-19 impact. They looked at past cases for indications on how policy language might be interpreted in light of this pandemic. They also deliberated about the factors, both tangible and intangible, relating to a policyholder’s evidentiary burden during the claims process. These include the definition of physical damage or loss to insured premises, the unknown qualities of the virus and how long it survives outside the body, and language used in stay at home orders.
While acknowledging that stakes are high for all parties, the guests wrapped up their discussion with a look at how mediation could help settle claims or at least narrow the focus of litigation. They agreed that a better understanding of the science behind COVID-19, and clarity on the legislative and judicial landscape will be welcomed by all. Listen to the episode here.