Wednesday, February 22, 2023

Third Circuit Court of Appeals Affirms Denials of Coverage in Covid-19 Business Loss Matters

In the case of Wilson v. USI Ins. Serv., LLC, No. 20-3124 (3d Cir. Jan. 6, 2023) (Op. by Chagres, C.J.), the court, in a consolidated appeal, found that the district courts properly found for the insurance companies in Plaintiff businesses’ actions for coverage for COVID-19 business losses under commercial property insurance policies.

The rationale behind the decisions, in part, was that the Plaintiffs did not suffer a “physical loss of or damage to” property.

Because the Court made the above initial finding it felt that it did not need to address the arguments raised by the carriers relative to any Virus Exclusions contained in the policies.    

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Jan. 24, 2023).

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