New Jersey Supreme Court to rule on pandemic-related insurance exclusions

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New Jersey Supreme Court to rule on pandemic-related insurance exclusions
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New Jersey’s Supreme Court is expected to consider whether an Atlantic City casino can...

A worker at the Ocean Casino Resort in Atlantic City N.J. installs a sign indicating that slot machines will routinely be sanitized once the casino reopened a month later to prevent the spread of the coronavirus, June 3, 2020. The New Jersey Supreme Court is expected to hear arguments, Wednesday, Sept. 27, 2023, in a case involving whether insurance companies were correct in denying payouts to the casino for business losses during the state-mandated closure in 2020.

Three insurers — AIG Specialty Insurance Co., American Guarantee & Liability Insurance Co. and Interstate Fire & Casualty Co. — largely denied coverage to the casino, saying it did not suffer direct physical loss or damage because of the virus.The casino sued and defeated an attempt by the insurers to dismiss the case. But that decision was reversed by an appellate court.

“This case presents a generational legal dispute that this court should resolve in order to provide needed clarity to hundreds of thousands of affected New Jersey policyholders and their insurers regarding the scope of coverage for losses arising from the pandemic,” Ocean wrote in court papers.Article continues below this ad

The casino sought payouts for losses incurred during that time under policies from the three insurers.

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