The events of 2020 have had a transformative effect upon the way we all live and work. Remote working has become the new norm and legal proceedings have gone online, with jury trials indefinitely postponed. For the insurance industry, the pandemic has given rise to a multitude of claims for business interruption cover and hundreds of related lawsuits. Meanwhile, new claims for property damage and business interruption have arisen as a result of protests and riots that have spread throughout the nation since the death of George Floyd.

This presentation will gather panelists from Dentons US, PWC and DecisionQuest to discuss three issues arising from the pandemic. First, the panel will discuss insurance coverage considerations expected to arise in connection with social unrest claims under named peril and all-risk commercial property insurance policies. The panel will review expected arguments by policyholders in favor of coverage as well as potential responses by insurers when presented with claims for property damage and/or loss of business income.

Second, the panel will more broadly consider the impact that the pandemic has had on court proceedings in the US. As part of this discussion, the Panel will discuss measures that leading courts have taken to function in a remote environment and to revive jury trials. The Panel will also consider how the suspension of jury trials and move to remote working has impacted upon the adjustment of claims by insurers.

Third, since jury trials will return in some form in the future, the panel will broadly review how the pandemic has impacted juror attitudes. Will industries that have provided vital services throughout the pandemic find more sympathetic jurors in the future? Should we expect a continuation of the pre-pandemic trend of increasing damages verdicts and heightened juror susceptibility to reptile theory arguments?

Presenters:
Susan Fillichio, Trial Consultant, Decision Quest, Inc.
Shawn Kelly, Partner, Dentons
Barbara Murray, Director, PwC
Jack Vales, Partner, Dentons
Rick Norris, Partner, Dentons