New Jersey appeals court rules against country club in COVID case

A New Jersey appeals court that ruled against policyholders on six COVID-19-related business interruption cases on Tuesday followed up with another such ruling against a country club on Wednesday.

The Rockleigh Country Club sought business interruption coverage from a Hartford Financial Services Group Inc. unit under a one-year “special multi-flex business insurance” policy issued March 1, 2020, according to the ruling by the New Jersey state appeals court in Jersey City in Rockleigh Country Club, LLC v. Hartford Insurance Group.

“In its detailed written opinion granting defendant’s summary judgment motion …the motion court carefully considered and analyzed the pertinent policy provisions,” the ruling said.

 “The Court found there was no business income or extra expense coverage because plaintiff did not establish that its ‘inability to use its premises to host large social gatherings constitute(d) physical loss of or physical damage to its property.”

The appeals court ruling also noted that the lower court had cited the policy’s virus exclusion in denying coverage.

Attorneys in the case did not respond to requests for comment.