Benihana, Regal Cinemas and Quest Diagnostics were some big names to enter the COVID-19 coverage wars recently with insurers in several state courts at a turning point when policyholders still dealing with the ongoing pandemic are considering whether to file suits before deadline limitations.
Thousands of these COVID-19 coverage suits have been filed across the country since businesses were impacted by government shutdown orders in March 2020. Though policyholders have struggled with many of the cases in federal and state courts, some have made their way to state high courts.
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Policyholders that want to understand their options, said Pamela Hans of Anderson Kill PC, should closely evaluate the issues of coverage — case, policy and claim specific.
Filing deadlines can be found within an insurance policy — either imposed by the applicable state law or amended by it — and there are implications to be understood for tolling agreements, statutory extensions and other impacts that can affect time limits, said Hans, who represents policyholders,
"Every insurance policy is different,'' she said. "Policyholders should evaluate their approach with an eye to their policy language, courts' interpretation of it and their expectations of coverage.''
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