Virus Exclusion Defeats N.J. Ice Cream Shop’s Bid for COVID-19 Coverage

CAMDEN, N.J. — A policy’s Virus or Bacteria Exclusion bars coverage for a New Jersey ice cream shop’s COVID-19-related losses because they arise from a “virus,” a federal judge has ruled.

In a March 29 order, Judge Joseph H. Rodriguez of the U.S. District Court for the District of New Jersey concluded that COVID-19 is a “virus” and courts have found the exclusion applies to losses arising from COVID-19 and related government closure orders.

Because the orders were issued to mitigate the spread of COVID-19, Benamax’s losses “are tied inextricably to that virus and are not covered by the policy,” …