ARTICLE · 24 NOVEMBER 2020

Top Developments – September 2020

White & Williams LLP

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California federal magistrate judge rules that a virus exclusion* in a business owner's policy precludes coverage for an insured's claim for lost income due to COVID-19 closure orders directed at "non-essential businesses."

United StatesCoronavirus (COVID-19)

White And Williams LLP

BUSINESS INTERRUPTION – CORONAVIRUS (COVID-19)

Federal Court Decisions

Franklin Ewc v. Hartford Financial Services Group, 2020 U.S. Dist. LEXIS 174010 (N.D. Cal. Sept. 22, 2020)

California federal magistrate judge rules that a virus exclusion* in a business owner's policy precludes coverage for an insured's claim for lost income due to COVID-19 closure orders directed at "non-essential businesses." Calling the insured's suggestion that the loss was due to the orders and not the virus "[n]onsense," the judge concluded that the exclusion's "plain and unambiguous language" applied since the complaint repeatedly alleged that the virus caused the risk of direct physical loss; also, there was no indication that the policy's "Limited Fungi, Bacteria, or Virus Coverage" (for a virus that results from a "specified cause of loss") was implicated.

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