The Nevada trial court distinguished a prior decision from the Nevada Supreme Court and denied the insurers' Motion for Partial Summary Judgment on a COVID-19 claim. Bloomin' Brands, Inc. v. Ace Am. Ins. Co., et al., No. A-21-830204-B (Nev. Dist. Ct., June 21, 2024) (order denying motion for partial summary judgment). The decision is here.
Several defendant insurers issued policies to Bloomin' Brands for the term December 31, 2019 to December 31, 2020 (2020 Policies). Endorsement No. 11 to each of the 2020 policies was titled "infectious or Contagious Disease Extension." The endorsement extended coverage for the perils of Infectious or Contagious Disease.
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