Insurance groups urge 2nd Circ. Don’t Revive NY Virus Suit

Law360 (Aug 5, 2021, 4:45 p.m. EDT) – Two insurance trade groups have urged the Second Circuit to uphold a finding that a New York martial arts studio is not entitled to pandemic loss coverage, claiming that ‘a contrary decision would jeopardize the state insurance market and harm policyholders.

The American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies told the court on Wednesday in a brief brief that Philadelphia Indemnity Insurance Co. was correct in refusing Master Gorino’s Pil-Sung Tae Kwon-Do offer for coverage in the event of a pandemic. The insurer correctly reasoned that the studio did not allege physical damage to its property, according to the record.

If the Second Circuit revived the …

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