A federal district court on Wednesday refused to issue a preemptive breach of contract in a COVID 19-related business interruption case filed by a commercial landlord against an FM Global entity, stating that it would be premature and inappropriate at this time.  Commercial Landlord Thor Equities LLC, based in New York, purchased from Factory Mutual Insurance Co. an insurance policy that took effect on March 15, 2020, providing up to $ 750 million in property damage and business interruption coverage, according to the decision of the U.S. District Court in the New York judgment in Thor Equities Inc. v Factory Mutual Insurance Co.
Coverage included a provision on "Infectious Disease Response" and a section on time elements including "Interruption of Infectious Disease" provision that together had a total liability limit of $ 1
"At this time. "Disputes do not ask the court" to generally determine whether the policy covers Thor's losses, "the decision states. Rather, it asks" to determine the applicability and extent "of pollution and loss of market or exclusion of losses of use.
Exclusion of pollution, which states that it concerns "pollution, and all costs due to pollution, including inability to use or occupy property," is "ambiguous and assessment of the pleadings inappropriate", the judges say.
"This provision is susceptible to more than one interpretation and may be consistent with either party's interpretation, "it states.  On the loss of market or exclusion of exclusion of use, the verdict said, "without a developed factual document … a decision on the parties' movements is inappropriate at this time," it said, adding that the policy does not define the term "loss
Lawyers in the case could not be reached for comment.
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