Friday, August 13, 2021

Yankees Triple-A Baseball Team Allowed to Proceed on Business Interruption Coverage Claim

In the case of SWB Yankees, LLC v. CNA Financial Corporation, No. 20-CV-0155 (C.P. Lacka. Co. Aug. 4, 2021 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a carrier’s Motion for Judgment on the Pleadings in a declaratory judgment action in which the Yankees Triple A Minor League baseball team sought to recover under the business interruption and civil authority coverage contained in its “all-risk” policy for the revenues lost and expenses incurred due to the presence of the COVID-19 virus on its covered premises and the resulting cancellation of games to be played at the stadium.

Judge Terrence R. Nealon
Lackawanna County

In making his ruling, Judge Nealon emphasized that the insurance policy at issue did not contain an exclusion in its business interruption coverage for losses caused by a virus or pandemic. 

The court additionally emphasized that the insured has expressly alleged in the pleadings that the Coronavirus was actually present on its covered premises.

Anyone wishing to review a copy of this decision may click this LINK.

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