Blog / For Businesses

Ohio Leading the Way in COVID-19 Business Interruption Lawsuits

February 3, 2021 / Chip Cooper

Many businesses that suffered losses during the COVID-19 pandemic have filed claims under their insurance policies. Unfortunately, even though these businesses paid hefty premiums to insure themselves against “business interruption” losses, insurance companies are denying these claims almost across the board for reasons we believe to be inappropriate. As a result, nearly 1,500 lawsuits have been filed by businesses seeking insurance coverage for losses sustained because of government orders related to the COVID-19 pandemic.

Slowly but surely, courts across the country have started deciding these cases. While early decisions from across the country seemed to go in favor of insurance companies, the trend in Ohio favors policyholders.

To date, Ohio state and federal judges have overwhelmingly sided with policyholders.  Judges in Cuyahoga, Franklin, Summit, Stark, and Hamilton County have all permitted cases to proceed despite insurance companies’ arguments insisting there is no coverage. Recently, one federal judge in Northern Ohio handed a resounding victory to a policyholder in a case that is sure to have implications both in Ohio and nationwide. In Henderson Road Restaurant Systems, Inc. d/b/a Hyde Park Grille, et al. v. Zurich American Ins. Co., United States District Court for the Northern District of Ohio Case No. 1:20-cv-01239, Judge Polster ruled that the policyholders’ restaurants were forced to shut down because of various state shutdown orders, and the damages suffered as a result were covered under the insurance policy. Judge Polster also held that policy language is extremely important and insurance companies cannot add requirements not contained in the insurance policy.  

Cooper Elliott, with offices in Columbus and Cincinnati, is representing businesses around the country that have suffered devastating losses because of COVID-19, the COVID-19 pandemic, or government shutdown orders. In addition to closely monitoring court decisions, Cooper Elliott partner Sean Alto is the Ohio co-chair for the American Association for Justice COVID-19 Business Interruption Litigation Task Force, which is a nationwide group of attorneys collaborating on business interruption lawsuits. If your business would like our help in determining the best course of action to recover damages suffered because of the COVID-19 pandemic, give us a call. We are here to help.

Latest Blog Posts

November 14, 2022 / Chip Cooper

Wrongful Death Claims Hold People Accountable

The premature death of a loved one is devastating. It disrupts lives, and it can destroy relationships. If we had the power to turn back the hands of the clock, we would do so in a heartbeat. What we can do is use the legal system to get to the bottom of why someone died …

Continue reading “Wrongful Death Claims Hold People Accountable”

October 31, 2022 / Chip Cooper

How do I know if I have a case for a hazing lawsuit in Ohio?

Some think hazing is a harmless initiation ritual, run by leaders of fraternities and sororities so that new pledges can prove their commitment to the group. The truth is that hazing can be incredibly dangerous, damaging, and even deadly.  If you have been a victim of hazing, you may be able to file a lawsuit …

Continue reading “How do I know if I have a case for a hazing lawsuit in Ohio?”

October 24, 2022 / Chip Cooper

Ohio Truck Accident Lawsuits: Everything you need to know about your truck accident

Pursuing personal injury or wrongful death litigation in Ohio after a trucking accident or semi crash can be overwhelming for victims and their families.  The process is different than in standard motor-vehicle cases—the foundation is the same, but the significant differences require additional attention to detail and care that Cooper Elliott is well-equipped to provide. …

Continue reading “Ohio Truck Accident Lawsuits: Everything you need to know about your truck accident”

Skip to content