STORY FROM: COVID-19 Litigation Report

Insurer Seeks Dismissal of Philly BYOB’s COVID-19 Coverage Action, Citing Virus Exclusion

PHILADELPHIA — Admiral Indemnity Co. has moved to dismiss a Philadelphia restaurant’s lawsuit demanding coverage for COVID-19 losses, arguing that the policy’s virus exclusion applies because the economic damages were caused by the pandemic rather than by government orders prohibiting dine-in services.

In a July 13 motion filed in the U.S. District Court for the Eastern District of Pennsylvania, the insurer further argues that Civil Authority coverage is not available because the government stay-at-home orders issued in response to the pandemic did not “prohibit access” to the insured premises. Additionally, plaintiff has not alleged “direct physical loss of or damage ...

Associated Law Firms
Goldberg Segalla
Golomb & Honik
Levin Sedran & Berman
Steptoe & Johnson

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