Although it clearly remains to be seen how the final verdict will play out, a federal judge in Missouri has allowed a COVID-19 business interruption lawsuit to proceed to trial. Judge Stephen Bough of the US District Court for Western Missouri continues to swim upstream on the issue of COVID-19 business interruption claims as most other courts have rejected the policyholder claims and dismissed lawsuits. Notwithstanding, in the case of Judge Bough – he again has given merit to the insured’s complaints that COVID-19 represents a legitimate business interruption for which all-risk policies should apply. Last week, he found that the plaintiffs in the case of K.C. Hopps Ltd. V. The Cincinnati Ins. Co., had sufficiently stated a business interruption claim and had “sufficient evidence by which a reasonable juror could conclude the virus was present and rendered [the insured’s] property unsafe.” for direct physical loss as a result of COVID-19 and allowed their lawsuit to proceed to trial. Just a year ago in September 2020, he also ruled in favor of the policyholder in the case of Studio 417, Inc. et. Al. v. The Cincinnati Ins. Co. and that case is still pending. Most courts have ruled in favor of insurance providers in challenges claiming business interruption damages as a result of the COVID-19 pandemic. Let’s hope Judge Bough is prescient!