Same Virus, Different Outcomes - Coronavirus (COVID-19) mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
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On January 15, 2021, U.S. District Judge William S. Stickman granted defendant National Fire & Marine Insurance Company’s Motion to Dismiss a complaint filed by plaintiff 1 S.A.N.T, Inc. 1 S.A.N.T. brought a putative class action lawsuit against National Fire, seeking insurance coverage for loss of business income due to COVID-19-related restrictions placed on it.
1 S.A.N.T. operates Lawrence County-based Gatherings Banquet and Event Center as well as the adjacent tavern, Town & Country. 1 S.A.N.T claimed that it incurred and continues to incur a substantial loss of business income and other expenses due to Governor Tom Wolf’s March 19, 2020 Executive Order which closed all non-life sustaining businesses, including 1 S.A.N.T. 1 S.A.N.T. submitted a business interruption claim to National Fire, its commercial property insurance company. National Fire denied the claim, citing to multiple policy provisions.
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.