Virus Exclusion Thwarts N.J. Bakery’s Bid for COVID-19 Coverage, Judge Rules

CAMDEN, N.J. — A New Jersey judge has dismissed a bakery’s COVID-19 business interruption coverage action against Selective Fire & Casualty Insurance Co., ruling that its losses fall within the policy’s virus exclusion.

In a Nov. 4 order, Judge Steven J. Polansky of the Camden County (N.J.) Superior Court said MAC Property Group LLC and The Cake Boutique LLC “point to no language in the insurance policy or declarations which created any reasonable expectation of coverage for the claimed loss.”

“Since the virus is alleged to be the cause of the governmental action, and the governmental action is asserted …