Nev. Judge Refuses to Toss Las Vegas Mall’s COVID-19 Coverage Action

LAS VEGAS — A Nevada court has refused to dismiss a mall owner’s COVID-19 business interruption coverage action, finding it has adequately alleged that the presence of the virus at the shops, restaurants and surrounding area caused direct physical loss and/or damage to property.

In a Nov. 30 order, the Clark County (Nev.) District Court further found that the policy’s pollution exclusion does not apply to losses caused by a naturally occurring communicable disease such as the COVID-19 virus.

JGB Vegas Retail Lessee LLC, which owns the Grand Bazaar Shops, contends that government closure orders issued in response to the …