Congratulations to Craig D. Roswell and Michele F. Hayes on their COVID-19 Case Win
December 15, 2022
Congratulations to Craig D. Roswell and Michele F. Hayes on their COVID-19 Case Win on behalf of their insurance company client.
The judge ruled in their client's favor with their response:
"When a first-party, all-risk property insurance policy covers “all risks of physical loss or damage” to insured property from any cause unless excluded, is coverage triggered when a toxic, noxious, or hazardous substance—such as Coronavirus or COVID-19—is physically present in the indoor air of that property; is also present on, adheres to, and can later be dislodged from physical items on the property; and causes a loss, either in whole or in part, of the functional use of the property?For the reasons set forth in this opinion, our answer is: No, provided the substance causes neither tangible, concrete, and material harm to the property nor deprivation of possession of the property."
