UPDATE:  The Supreme Court of Ohio to Weigh in on COVID-19 Business Insurance Litigation

In a recent blog post, I discussed how Ohio's federal courts reached opposite conclusions on whether COVID-19 can cause a direct, physical loss under a business' insurance policy. In Neuro-Communication Servs, Inc. v. Cincinnati Ins. Co., Judge Benita Y. Pearson certified this unresolved question to Ohio's highest court. No. 4:20-cv-01275, p. 2 (N.D. Ohio Jan. 19, 2021).

In a 4-3 decision, the Ohio Supreme Court announced that it will weigh in on this issue. The court will soon decide whether COVID-19's general presence in the community or on surfaces at a business is considered a direct, physical loss under commercial insurance policies. The court's decision will significantly impact the dozens, if not hundreds, of cases filed by Ohio businesses against their respective insurers for lost revenue caused by COVID-19 restrictions.