Another Victory for Carrier in Another Covid-19 Business Interruption Coverage Dispute

In the case of Warrick v. Aspen Am. Ins. Co., No. 2:21-CV-00250-WSS (W.D. Pa. Oct. 15, 2021 Stickman, J.), the court granted a Defendant’s Motion to Dismiss a Plaintiff’s claim for business interruption coverage based upon alleged COVID-19 losses.   

According to the Opinion, Warrick is a dentistry business.   During the COVID pandemic, the business had a policy with the Defendant insurance company, which included coverage for loss business income under covered circumstances.   

The court found that the governmental mitigation orders under the COVID-19 pandemic did not prohibit access to the Plaintiff’s premises and the Plaintiff’s alleged losses did not stem from direct physical damage to its property.  The court also found that there was no coverage under the business income, extra expenses, or civil authority provisions of the policy. 

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

Source: “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Nov. 20, 2021). 

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