Insurers' COVID-19 Notepad: What You Need to Know Now (Week of April 12) | All Alerts & Newsletters
Apr.12.2021 Courts Dismiss COVID-19 Business Interruption Claims On April 9, 2021, the district court for the Central District of California granted Topa Insurance Company’s motion to dismiss a restaurant and nightclub’s COVID-19 related claim. According to the court, the policy “clearly condition[ed] recovery on physical loss or damage to the insured premises” (Order at 5), and the complaint alleged only that the coronavirus “prevented it from using its property for” its intended purpose, which is not enough to “allege direct physical loss or damage.” Id. at 6. The court hel...