Pa. Judge Refuses to Dismiss Negligence Claims Against Agent in COVID-19 Coverage Action

SCRANTON, Pa. — A Pennsylvania state judge has refused to dismiss a gym’s COVID-19 coverage action against its insurance broker, ruling that the complaint plausibly alleges that the agent owed a duty of care to the policyholder by making sure that the coverage it sought is what it received.

In a Dec. 18 order, Judge Terrence Nealon of the Lackawanna County (Pa.) Court of Common Pleas further held that while it is unclear whether the “reasonable expectations” doctrine can be applied to a commercial insured, the success of the gym’s negligence claims does not depend upon the application of the …