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Update on Developing Case Law in Light of COVID-19: COVID-19 Not “Physical Damage” and a Rare Win for Tenants Claiming Impossibility

Client memorandum | May 5, 2021

In earlier alerts, we have identified trends in commercial litigation in response to the COVID-19 pandemic, including litigation concerning the applicability of the “impossibility” and “frustration” defenses to contract, and the coverage of insureds under business interruption insurance contracts. This alert summarizes three recent cases that indicate how courts will apply familiar principles to these issues.

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