Del. Judge Tosses Water Park Owner’s COVID-19 Coverage Action

WILMINGTON, Del. — A Delaware judge has dismissed a water park owner’s COVID-19 coverage action against HDI Global Insurance Co., ruling the losses are encompassed by the policy’s pollution and contamination exclusion.

In a Nov. 18 opinion, Judge Abigail LeGrow of the Delaware Superior Court explained that the exclusion clearly applies to losses caused by viruses that can cause or threaten damage to human health, and plaintiff alleged its losses were caused by the “statistically-certain” presence of COVID-19 at or near its facilities.

APX Operating Company LLC operates six family entertainment centers and two water parks in California, Florida and …