A Pennsylvania court has refused to dismiss a COVID-19-related business case brought by the New York Yankees Triple-A baseball team against CNA Financial Corp.
Referring to previous federal and state court decisions in Pennsylvania, Court of Common Pleas in Lackawanna County in Scranton, the owner of the Scranton / Wilkes-Barre RailRiders decided in disputes against the CNA, according to Wednesday's judgment SWB Yankees, LLC v CNA Financial Corp. et al. .
The team had paid $ 61,900 for a "CNA Property Policy" that provided $ 51,970,220 in limits with a policy period November 2019 to November 2020, according to the ruling.
The policy did not include the exclusion of viruses, the court ruled in the decision that the case should not be dismissed because there was no physical loss or injury.
"Long before the COVID-1
"During the covid -19 pandemic, better motivated decisions across the country have applied the theory of physical pollution to find interruption coverage applicable if the insured claims that the corona virus actually existed on the covered property and that its presence made the premises uninhabitable, unusable "inaccessible or unduly dangerous," it said. on bad faith.
The court agreed to dismiss the fee that coverage would be granted on the grounds that a civilian authority had denied the baseball team access to the property.