A series of decisions from federal courts across Pennsylvania have signaled to some that, when it comes to COVID-19-related business interruption insurance litigation, many of the questions at issue would best be left up to the state courts to decide.

Over the past few weeks, three federal judges—one from the U.S. District Court for the Eastern District of Pennsylvania and two from the Western District—have remanded declaratory judgment actions that businesses have brought against their insurance carriers regarding whether they should receive coverage for the business interruptions they suffered during the COVID-19 pandemic.

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