- Pandemics are generally not covered in force majeure clauses.
- Pandemics are generally not covered in insurance business interruption coverages.
- Most force majeure clauses do not excuse payment obligations. As a result, tenants are generally not relieved from paying rent even if a state-ordered shutdown qualifies as a force majeure event.
- Impossibility of performance is perhaps one of the only viable arguments.
- All of the arguments have holes.
Read more from The National Law Review article (click here for PDF)
