Indiana Court Holds that Virus Particles do not Trigger Business Income Loss Policies

Litigation regarding losses connected to the Covid pandemic has been widespread across the nation. The Indiana Court of Appeals held that business income loss policies requiring that such losses are covered only where actual physical loss or damage occurs to the business property are not triggered by the alleged presence of virus particles. Since virus particles did not physically alter the Indiana Repertory Theatre’s property, no coverage for business income losses during pandemic-related closures was triggered.

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