AFM moved for judgment on the pleadings, arguing that the government order closing Mohawk Gaming did not trigger the civil authority provision of the policy. The district court agreed. In granting the insurer's motion, however, the court made two errors. (Credit: Chansom Pantip/Shutterstock)
Affiliated Factory Mutual Insurance Co. (AFM) was recently awarded judgment in a COVID-19-related business interruption claim heard before the Northern District of New York. In doing so, the court followed in the footsteps of other federal courts across the country when it failed to consider all parts of the policy as required by state law and made fact determinations at the Rule 12(c) pleading stage.
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