N.J. High Court Grants Casino’s Request to Review COVID-19 Coverage Ruling

TRENTON, N.J. — The New Jersey Supreme Court has agreed to review an appellate court’s reversal of a ruling in favor of an Atlantic City casino in a COVID-19 insurance action, which held there was “direct physical loss of or damage to” property, and that the losses fall within the policies’ contamination exclusion.

The court granted AC Ocean Walk LLC’s petition for certiorari on Jan. 27, which poses questions of whether the virus can cause direct physical loss to property and whether the policy’s Contamination Exclusion applies to COVID-19-related losses.

AC Ocean Walk LLC is a 138,000 square foot casino …