On Tuesday, a New Hampshire trial court awarded summary judgment to the owner of scores of hotels after finding that the hotels sustained covered “physical loss of or damage to” insured property caused by the pandemic presence of COVID-19 and its viral agent, SARS-CoV-2. The merits ruling is yet another recent victory for policyholders who continue to make headway against an early wave of insurance company dismissals, most of which, unlike the ruling on Tuesday, never considered evidence in support of their decisions.
Reprinted courtesy of Jonathan O. Aihie, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth
Mr. Aihie may be contacted at jaihie@HuntonAK.com
Mr. Levine may be contacted at mlevine@HuntonAK.com