An appeals court in New Jersey that ruled against policyholders in six cases of Covid-19-related business interruptions on Tuesday followed up with another such ruling against a country club on Wednesday.
Rockleigh Country Club applied for interruption protection from a unit of Hartford Financial Services Group Inc. during a one-year “special multiplex business insurance” issued March 1, 2020, following the decision of the New Jersey State Court of Appeal in Jersey City in Rockleigh Country Club, LLC v. Hartford Insurance Group.
“In its detailed written opinion granting the defendant’s summary judgment motion … the motion court carefully considered and analyzed the relevant policy provisions,”; the judgment stated.
“The court found that there was no business income or extra expenses because the plaintiff did not establish that its ‘inability to use its premises to host large social gatherings constitutes (d) physical loss of or physical damage to its property.’
The decision of the Court of Appeal also noted that the lower court had referred to the virus exclusion of the policy to deny coverage.
Lawyers in the case did not respond to a request for comment.