Insurer wins: 20. 16 cases with virus exclusions; 4 cases with no virus exclusions.
Policyholder wins: 11. 3 cases with virus exclusions; 8 cases with no virus exclusions.
Among cases without virus exclusions: Policyholders lead 8 to 4.
Among cases with virus exclusions: Insurers lead 16 to 3.
Caveats:
- These are all the results we know about. I’m sure we’re missing some.
- When an insurer wins a motion to dismiss, the insurer typically has won the case at the trial court level. Technically, a policyholder doesn’t “win” a motion to dismiss. Rather, the policyholder defeats the insurer’s motion to dismiss. That means the case survives to the next stage. It does not mean the policyholder has won the case.
A plea: Tell us about cases we’re missing. cclt@law.upenn.edu
We’re working on automating this box score.
[Updated 11/16 to fix the double counting of the Pappy’s Barbershop case.]
