N.Y. Health System Permitted to File Amended Complaint in COVID-19 Coverage Action

NEW YORK — A New York federal judge has allowed a New York health care provider to file an amended complaint in a COVID-19 coverage action against Illinois Union Insurance Co., ruling it failed to adequately allege it met the policy’s notice prerequisite for coverage or that it fulfilled the policy’s $500,000 self-insured retention requirement.

In a March 29 order, Chief Judge Laura T. Swain of the U.S. District Court for the Southern District of New York further found it is unclear without further discovery whether COVID-19 satisfies the policy’s definition of “facility-borne illness event.”

Northwell Health Inc. is New …