Attorneys for the defendants cite the dissenters' lament: "The high court has given the intermediate appellate courts little guidance to govern ... factual sufficiency of noneconomic damages," or how to "conduct a 'meaningful review' of them."
The related cases are In re: Watson Grinding & Manufacturing Co. and In re: Watson Valve Services Inc. in the United States Bankruptcy Court for the Southern District of Texas Houston Division.
"Cigna's comment that Genesis was unfairly 'profiting' off the pandemic by charging for COVID testing is a slap-in-the-face to Genesis and other healthcare providers who endured months of furloughs, pay cuts, layoffs, and uncertainty as a result of the pandemic.
Courts across the country have tended to find that a virus cannot cause damage as a matter of law. Damage is a precondition in many business interruption policies.
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