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Conn. The Gaming Authority’s covid-related lawsuit against FM Global is dismissed



A judge in the state of Connecticut on Thursday dismissed lawsuits over covid-19-related business interruptions filed by a Native American tribal gaming authority against Factory Mutual Insurance Co.

Connecticut Superior Court in Manchester ruled against Uncasville, Connecticut-based Mohegan Tribal Gaming Authority, according to the verdict in Mohegan Tribal Gaming Authority vs. Factory Mutual Insurance Co.

The authority had filed a lawsuit against FM Global in June 2021 to seek coverage under its all-risk policy, which included coverage for “infectious disease responses”. The insurer accused of breach of contract and breach of implied union of good faith and fair handling.

In the judgment against the authority, the judgment said that the complaint “does not allege”

; physical loss or damage “required for coverage under the coverage” Protection and preservation of property time “.”

It was also wrong to claim that the coverage of infectious diseases “forces the conclusion that the policy defines infectious disease as physical loss or injury”, the ruling said.

An insurer’s spokesman and plaintiff’s lawyers could not be reached for comment.

In February, a federal district court in California refused to deny coverage of covid-19 corporate interruptions filed by a concert organizer against Factory Mutual, and ruled that it was influenced by the view that covid-19’s presence “may cause physical intrusion that affects the integrity of a property. ”


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