Class Action Insider

The Eighth Circuit sealed a win Wednesday for an insurer and its third-party administrator defending against a proposed class action led by a man seeking coverage for flights he canceled as a result of COVID-19 stay-at-home orders, finding that a Missouri federal court properly held that an epidemic exclusion was applicable. A traveler does not need to be infected with COVID-19 to be “affected” by the COVID-19 pandemic, and the court properly applied an exclusion to a claim relating to a flight cancellation.

The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) mandating that private employers with more than 100 employees determine the COVID-19 vaccination status of each employee by obtaining proof of vaccination. The mandate requires consistent testing for unvaccinated employees.