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Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims | Chartwell Law

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It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect, businesses that were impacted began making claims with insurers for first-party coverage related to the loss of business income. Consequently, these cases were heard by both the New Jersey Superior Court and the United States District Court for the District of New Jersey.

Most of these cases remain at the trial level. As such, there has been a limited opportunity for the courts to rule on the substance of these types of claims. However, in some instances, the parties have sought early dismissal through motions to dismiss. These early orders and opinions have revealed that New Jersey federal and state courts are willing to enforce virus exclusions when applicable. However, the courts ....

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United States District Court for the Western District of Pennsylvania Dismisses Pennsylvania Restaurant's Proposed Class Action Seeking Coverage For Losses Stemming From COVID-19 | Chartwell Law

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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 provision ....

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