The Yankees Triple-A Workforce Might Proceed with the COVID-19-related lawsuit – Enterprise Insurance
A court in Pennsylvania has refused to dismiss a COVID-19-related business interruption lawsuit filed by the New York Yankees triple-A baseball team against CNA Financial Corp. was submitted.
Citing earlier judgments from federal and state courts in Pennsylvania, the Court of Common Pleas of Lackawanna County, Scranton, ruled in favor of the owner of the Scranton / Wilkes-Barre RailRiders in a lawsuit filed against CNA, according to Wednesday's judgment in 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 with an insurance period from November 2019 to November 2020, according to the ruling.
The policy did not include a virus exclusion, the court said the case should not be closed on the basis that there was no physical loss or damage.
"Long before the COVID-19 pandemic, federal and state courts in Pennsylvania set an" appropriate and realistic standard for identifying property damage "in cases" where sources that are invisible to the naked eye "include the use of covered property reduce significantly. “Said the decision.
"During the COVID-19 pandemic, better-informed decisions across the country applied the 'physical contamination' theory to find business interruption insurance that would apply if the insured claimed that the coronavirus was indeed present on the insured property and that his presence has caused the premises to become uninhabitable, unusable, inaccessible or overly dangerous, ”it said.
"As a result, insurers did not base their right to a judgment in their favor on the requirement of" direct physical loss or damage to "property," said the court, which also refused to raise the bad faith claims of the team.
The court agreed to dismiss charges that cover should be granted on the basis that a civil authority had denied the baseball team access to the property.