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A Connecticut state judge on Thursday dismissed COVID-19-related business interruption coverage litigation filed by a Native American tribal gaming authority against Factory Mutual Insurance Co.
The Connecticut Superior Court in Manchester ruled against Uncasville, Connecticut-based Mohegan Tribal Gaming Authority, according to the ruling in The Mohegan Tribal Gaming Authority vs Factory Mutual Insurance Co.
The authority had filed suit against FM Global in June 2021 seeking coverage under its all-risks policy, which included coverage for “communicable disease response.” It charged the insurer with breach of contract, and breach of implied covenant of good faith and fair dealing.
In ruling against the authority, the ruling said the complaint “does not allege ‘physical loss or damage’ as required for coverage under the ‘Protection and Preservation of Property Time Element’ coverage.”
It was also erroneous in asserting that the communicable disease coverage “compels the conclusion that the policy defines communicable disease as physical loss or damage,” the ruling said.
An insurer spokesman and plaintiff attorneys could not be reached for comment.
In February, a federal district court in California refused to dismiss COVID-19 business interruption coverage filed by a concert promoter against Factory Mutual, ruling it was swayed by the position that COVID-19’s presence “can cause physical intrusion that affects the integrity of a property.”