A Native American tribe in Connecticut could recover up to $ 2 million in losses and remediation costs for covid-19 under its $ 1.6 billion in coverage, a state court has ruled.
Mashantucket Pequot Tribal Nation had more than $ 76 million in business losses and cleaning costs on the large casino complex it operates on its eastern Connecticut tribal lands, according to the August 18 judgment of the Superior Court in Hartford Mashantucket Pequot Tribal Nation v. Factory Mutual Insurance Co.
The tribe had filed disputes in January seeking cover and accusing bad faith and breach of contract.
The tribe's all – risk policy included exemptions for "any costs due to contamination" unless it was directly due "to other physical injuries not excluded by this policy", according to the judgment. Contamination is defined "to include various toxins and pathogens and any viruses", it said.
However, Pequots purchased additional coverage for costs for infectious diseases that included money for decontamination and for communications intended to protect Pequots' business reputation and for losses with interruptions in infectious diseases known as "time element" losses, the ruling said.
These provided $ 1
There is no more coverage available under the policy, the ruling said. "Pequots is trying to show that costs caused by a virus are directly due to other physical damage that is not ruled out," the ruling said. But "they cannot escape the fact that their harm was directly caused by the virus, not any other covered cause," it states.
In the judgment, Pequots said he must prove the costs covered and their amount at trial and their claim that the property in question had "the actual unsuspected presence of a contagious disease." The tribe must also prove "what is left of their evil beliefs and allegations of unfair trading practices", the verdict said.
The tribe's lawyers and Factory Mutual did not respond to a request for comment. Catalog