Stephen L. Carter, Columnist

Covid-19 Lawsuits Are Running Into Skeptical Judges

Companies hoping their business interruption insurance would bail them out are finding it hard to get insurers to pay.

This summer we had protests; now we’ve got lawsuits.

Photographer: Erik McGregor/LightRocket/Getty Images
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When should the Covid-19 pandemic — or the restrictions imposed in its wake — excuse you from a contract? The courts have been struggling with this issue for months now, and the answer until recently has been ... almost never.

That’s in keeping with a long U.S. tradition under which each party to a contract essentially bears the risk of its own promises. But there have been calls for change, and some judges may be listening.