Philly ‘Adult Daycare’ Not Covered for COVID-19 Losses, Federal Judge Rules

PHILADELPHIA — A federal judge has dismissed a COVID-19 coverage action filed by a Philadelphia “adult daycare” against Selective Insurance Company of South Carolina, ruling that it failed to allege “direct physical loss of or damage to” its property.

In a Sept. 30 order, Judge Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania further held that the policy’s virus exclusion bars coverage for Penn Asian Senior Services d/b/a Penn Asian Jubilee Center’s losses because they were caused by a virus.

Penn Asian was forced to temporarily close in March 2020 in compliance with state …