In the case of In Re Erie COVID-19 Bus. Interruption Prot. Ins. Litig., No. 1:21-mc-1 (W.D. Pa. Oct. 14, 2022 Hornak, J.), the court granted the Defendant carrier’s Motion to Dismiss the Plaintiffs’ action for coverage for COVID-19 business losses under their commercial property insurance.
The court found that the Plaintiffs did not show the required direct “physical loss or damage to” their properties.
The court additionally found that the policy’s virus exclusion provisions also applied to prevent coverage.
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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Nov. 3, 2022).