N.Y. Panel Upholds Ruling in Favor of N.Y. Botanical Garden in COVID-19 Coverage Action

NEW YORK — A New York appellate panel has upheld a ruling in favor of the New York Botanical Garden in a COVID-19 insurance action, ruling Allied World Assurance Company (U.S.) Inc. failed to establish that the policy only provided business interruption coverage if the insured was completely denied access to its property.

In a June 14 opinion, the New York Appellate Division, 1st Department, found the policy covers periods when the Botanical Garden would have some temporary access to the property, including periods involving potential partial resumption of operations to mitigate damages, which included maintaining its extensive plantings.