‘Virus’ is not ‘Pollution Condition,’ 4th Cir. Affirms in COVID-19 Coverage Case

RICHMOND, Va. — A 6th Circuit Court of Appeals Panel has upheld an award of summary judgment to Illinois Union Insurance Co. in a COVID-19 coverage action, affirming that the plaintiffs’ losses were not caused by a “pollution condition,” as defined by the policy.

In a Jan. 31 order, the appellate panel agreed that the policy’s coverage is confined to environmental pollution and that the term “pollution condition” does not include a communicable disease caused by a virus.

Plaintiffs are the owners and operators of several hospitality, hotel, and restaurant businesses in Norfolk and Virginia Beach, Va. Beginning in March …