Multiple Claims Against Insured Related To COVID-19 Outbreak Constitute Separate Claims

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that multiple COVID-19 claims against an insured arise from separate "health care events" such that they constitute separate claims, each subject to a separate self-insured retention. Nat'l Fire & Marine Ins. Co. v. Genesis Healthcare, Inc., 2022 WL 16963999 (E.D. Pa. Nov. 16, 2022).

During the early stages of the COVID-19 pandemic, the insured health care organization notified its professional liability insurer that circumstances surrounding the pandemic could give rise to a claim. The policy provided claims-made and reported coverage for loss and claims expenses arising from a "health care event." "Health care event" was defined as "any event in the rendering of, or failure to render, professional services that results in injury." The policy further provided that "[a]ll injuries arising out of, or in connection with, the same or related acts or omissions