Analytics Business Income Cases Virus exclusions

Motion to Dismiss Box Score Update

Author: Tom Baker Date: 10.29.20

Motion to Dismiss Box Score Update
Virus exclusion in policy No virus exclusion in policy
MTD granted



MTD denied



Note that this box score does not include the two summary judgment rulings to date, one in Rose’s v. Erie in DC Superior Court (favoring Erie) and the other in North State Deli v. Cincinnati in NC Superior Court (favoring North State Deli).  Consistent with Erie’s and Cincinnati’s regular business practice (as we understand it), neither of those policies had virus exclusions.

As always, we are eager to hear about cases that we’re missing.  Email us at

For an explanation of how we classify edge cases, see  Reflections on classifying cases and decisions.