Southern District Denies Insured’s Request for Preliminary Injunction Seeking Payment of COVID-19 Related Loss

“The Southern District granted summary judgment to the insurer, holding that the law firm could not satisfy the policy requirement to demonstrate that loss resulted from ‘direct physical loss or damage’ by a covered peril to property, which requires ‘some form of actual, physical damage to the insured premises.’ 17 F. Supp.3d 323, 331.

“The court ruled that coverage did not extend to loss incurred due to ‘the forced closure of the premises for reasons exogenous to the premises themselves.’ Id. at 331.”

Additional reading on this and other COVID-19 insurance coverage issues:

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Bill Wilson

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One of the premier insurance educators in America on form, coverage, and technical issues; Founder and director of the Big “I” Virtual University; Retired Assoc. VP of Education and Research from Independent Insurance Agents & Brokers of America. Reprint Request Information