First Ga. COVID-19 Business Interruption Ruling

In The News | October 9, 2020

ATRA President Tiger Joyce spoke with Rosie Manins of the Law360 about business interruption lawsuits in the wake of COVID-19.

A Georgia federal judge’s first-of-its-kind ruling that an Atlanta restaurant can’t get insurance coverage for its pandemic-related business losses isn’t the end of the road for COVID-19-related policy disputes in the Peach State, where policyholders continue to fight virus exclusions.

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Tiger Joyce, president of the American Tort Reform Association, said the battle between business owners and insurers over who should shoulder the financial burden of the health crisis is too big for courts to handle alone. He said it is a societal issue requiring governmental and community remedies.

“The physical damage requirement is a pretty significant burden for a business to overcome,” Joyce told Law360. “That’s just the unfortunate nature of where things are. Our view is that this is a problem that the civil justice system isn’t really equipped to deal with and it shouldn’t be looked to as the forum for resolving that.”

Joyce said the association is working nationwide to help shape reform legislation to balance the interests of businesses and address the significant problems posed by the pandemic.

“Your heart goes out to the restaurants because this is not their doing,” he said

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