Space Needle May Litigate COVID-19 Coverage Claims Outside N.Y., Appellate Court Affirms

NEW YORK — A New York appellate court has upheld denial of an injunction barring the Seattle Space Needle from litigating its COVID-19 coverage action in a forum outside of the state, noting the policy’s choice-of-law and forum selection clauses violate Washington law.

In a Dec. 2 order, the New York Appellate Division, 1st Department, said it has rejected North American Elite Insurance Co.’s “blatant end run around” Washington’s prohibition against such clauses.

In March 2020, Space Needle LLC notified Elite of a COVID-19-related business operation loss claim associated with the Washington State government’s closure of the Space Needle to …