A California court has refused to dismiss interruptions in connection with business interruptions by a national dealer against a unit in Zurich Insurance Group Ltd. and other insurers.
Dublin, California-based Ross Stores Inc. had filed a lawsuit against Zurich American Insurance Co. and several surpluses of insurance companies claiming pandemic-related coverage under all risks and shipping policies, according to court papers in Ross Stores Inc., et al. Zurich American Insurance Co. et. al.
Zurich was the primary policy for real estate coverage and covered up to $ 25 million over $ 500,000, with three surplus stocks providing an additional $ 500 million in coverage, in addition to coverage from the other insurers, according to the complaint in the case, which filed in December 2020 in California Superior Court in Oakland. Ross operates nearly 2,000 retail and non-retail outlets nationwide, according to the complaint.
Its cargo policy provided coverage of up to $ 1
The court refused to dismiss the trial for either policy, in a judgment handed down on July 13, which was not published until last week.
Regarding its property policy, the court said: "The policy covers" all risks of physical loss of or damage to property. "The phrase does not contain the word" directly. "The court does not imply or read the word" directly. "
" When the case law repeatedly refers to the term "direct physical loss", the absence of the word "direct" suggests that the phrase "all risks of physical loss of or damage to property" may include both direct and indirect physical loss or damage to property physical loss of or damage to property.
The judgment also stated that the extent of an exclusion of pollutants is "unclear". policy approval ”can provide coverage for the losses that Ross claims. "
Ross's lawyer and a spokeswoman in Zurich had no comment.