The insured successfully alleged that the presence of virus particles in its gym constituted a loss, allowing it to survive the insurer's Motion to Dismiss the business interruption claims. Brown's Gym, Inc. v. The Cincinnati Ins. Co., No. 20-3113 (Pa. Ct. Cm Pl. July 13, 2021).      The insured contended that virus particles were present on its property and were sufficient to establish a claim of "direct physical loss" under the policy. The all risk policy did not include a virus exclusion, but did provide a separate "communicable disease or virus" exclusion for "crisis event response communication expense coverage." Therefore, the insured has a reasonable expectation that COVID-19 related damages would be covered, but excluded from the crises event response communication expense coverage.      

from Insurance Law Hawaii https://ift.tt/3jh2Kb2