A federal district court in Phoenix has dismissed COVID-19 business interruption-related disputes filed by 19 minor league baseball teams in ten states against Nationwide Mutual Insurance entities, citing their coverage virus exclusion. with 19 teams had filed lawsuits against the nationwide units in August on charges of breach of contract and preemptive breach of contract, seeking an explanatory sentence for their refusal or expected refusal, to provide coverage in connection with COVID-19-related termination of gambling, according to Friday decision in Chattanooga Professional Baseball LLC, et al. v. National Casualty Co., et al.
The Court agreed with insurers that a virus exclusion expressly excludes coverage by granting the defendant's proposal to dismiss the dispute.
"The appellant does not deny that the virus exclusion ̵
"Rather, they argue that the existence of the exclusion should not lead to a dismissal of their complaint "because the question of whether the losses caused by the virus" is a matter of fact which can not be decided at this time, "and that the insurers are prohibited by law from applying the exclusion.
"The plaintiff's argument that a factual dispute exists as to the cause of their loss is unlikely," the decision said when it granted the insurers' proposal to dismiss the case.
Their complaint "explicitly attributes their losses to the virus", says the decision, which also states that the insurers are legally prohibited from applying the exclusion was "exaggerated."
The plaintiffs in the case include minor league teams from California, Idaho, Indiana, Maryland, Oregon, South Carolina, Tennessee, Texas, Virginia and West Virginia.
The insurer's lawyer had no comment, while the plaintiff's lawyers did not respond to the request for comment. Catalog