The court found that some exclusions in the policy were inapplicable to the unprecedented pandemic situation of 2020. (Credit: J. Albert Diaz/ALM)
New York Federal Judge Analisa Nadine Torres, with the U.S. District Court for the Southern District of New York, has denied an insurer's dismissal of a COVID-19 coverage case, issuing a favorable decision for an insured. In what stands as the first win for policyholders in a New York COVID-19 insurance coverage case, the ruling found that the contamination exclusion was ambiguous and that the Court lacked a sufficiently developed factual record to rule on whether the Loss of Use exclusion encompassed the insured's losses.
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