The Nevada Supreme Court on Monday heard oral arguments from an insurance company claiming it should not have to provide coverage to Strip open-air mall.
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The Nevada Supreme Court is considering whether to kill a Las Vegas mall's case against its insurer over whether it's owed for pandemic-related losses, according to a series of filings in the high court, including an insurance industry group's plea to end the suit before a jury hears it.
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,
The State of Play In Pennsylvania
According to the UPenn Covid Tracker, approximately 180 COVID-19-related coverage suits have been brought in Pennsylvania courts. As is the case nationally, most of the Pennsylvania cases are pending in federal courts. Also, according to the UPenn Covid Tracker, there have been 12) “merits” decisions by Pennsylvania courts’ rulings on insurer motions to dismiss. Nine of these decisions have been issued by the Eastern District of Pennsylvania, (1) by the Western District of Pennsylvania and (2) by the Court of Common Pleas of Philadelphia County.
Decisions by Pennsylvania State Courts (Pennsylvania Court of Common Pleas)
Ridley Park Fitness v. Philadelphia Indem. Ins. Co.