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10th Circuit rules insurance policy didn't cover COVID-19 | Subscriber Content

10th Circuit rules insurance policy didn't cover COVID-19 | Subscriber Content
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Victory for AIG in Covid-19 Business Interruption Case | Quinn Emanuel Urquhart & Sullivan, LLP

The firm recently scored a significant victory for AIG unit American Home Assurance Company in a high-profile COVID-19 business interruption case brought by Spirit Airlines in the New...

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Delaware Superior Court Finds Pollution Exclusion Precludes Coverage for COVID-Related Claims | White and Williams LLP

LEAVES DOOR OPEN ON WHETHER THE PRESENCE OF COVID-19 VIRIONS IS DIRECT PHYSICAL LOSS OR DAMAGE - The Delaware Superior Court recently dismissed an amusement park...

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Federal Court Holds Allegations of Coronavirus on Premises Sufficiently Allege Physical Loss of or Damage to Property | Pillsbury - Policyholder Pulse blog

In Novant Health, Inc. v. American Guarantee and Liability Insurance Co., Judge Catherine C. Eagles of the U.S. District Court for the Middle District of North Carolina made the right...

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Philadelphia Eagles' COVID Losses Not Covered, Insurer Says

Philadelphia Eagles' COVID Losses Not Covered, Insurer Says
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Pollution; Contamination Exclusions Don't Warrant COVID-19 BI Claim Denials

Monday, February 22, 2021
You are a policyholder whose business has been decimated by COVID-19. You tender a claim to your insurer under your policy—which does not contain a virus, communicable disease, or pandemic exclusion—for business interruption losses based upon the presence of COVID-19 at the insured properties. In response, your insurer denies coverage on the bases, among others, that COVID-19 exposure implicates exclusions in your policy for pollution or contamination.
For example, some property policies contain an exclusion that includes language such as “[t]he actual, alleged or threatened release, discharge, escape or dispersal of pollutants or contaminants, all whether direct or indirect, proximate or remote or in whole or in part caused by, contributed to or aggravated by any covered cause of loss under this Policy” and purport to define “pollutants or contaminants” as any “solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which after its release can cause or threaten damage to human health or human welfare or causes or threatens damage, deterioration, loss of value, marketability or loss of use to property insured hereunder, including, but not limited to, bacteria, virus, or hazardous substances.”

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