Congratulations to Brendan Ross for his Recent Publication in “For the Defense” Regarding COVID-19 Insurance Coverage Cases

Sometimes removing an insurance declaratory judgment action to federal court (or bringing it there in the first place) offers a strategic advantage. However, even if jurisdiction is proper, your right to do so is not absolute. In cases involving COVID-19 losses, some federal courts have accepted novelty and public policy arguments to justify abstaining and remanding them back to state court. In doing so, these courts are recognizing that COVID-19 losses present unique issues and that states may have a greater interest in resolving them in a way that, perhaps, best suits their economic recovery from the pandemic. The counterargument is that there is nothing special about the rules of interpretation needed to resolve such a case, leaving no reason for a federal court to abstain from hearing it. Brendan’s article discusses the divergent Circuit approaches to these arguments, which may serve to impact your forum selection strategy in COVID-19 loss cases.

Read the full article here.