COVID-19 Not ‘Pollutant’ Under Healthcare System’s Policy, Federal Judge Rules

MINNEAPOLIS — A Minnesota federal judge has dismissed a healthcare system’s lawsuit against ACE American Insurance Co. for coverage of more than $59 million in COVID-19 business interruption losses, ruling that the virus is not a “pollutant” within the meaning of the policy.

In a May 25 order, Judge Eric C. Tostrud of the U.S. District Court for the District of Minnesota concluded that under the terms of the policy, Essentia Health may not recover “business interruption loss” resulting from “indoor environmental conditions” that are “viruses.”

In March 2020, Minnesota Governor Tim Walz issued an executive order requiring health-care …