Case Commentary: MDS Inc. v. Factory Mutual Insurance Company; Future Considerations for Insurance Coverage

May 2020

The COVID-19 pandemic we are currently experiencing has spawned numerous discussions ranging from conspiracy theories as to virus origin, and the use of disinfectant to ward off illness, to less controversial topics such as appropriate government response, economic incentives, contractual breach and force majeure clauses. Particularly early in the pandemic much discussion involved whether there could be insurance coverage for businesses’ economic losses.