N.J. Clothing Store’s COVID-19 Losses Excluded From Coverage, Judge Rules
March 19, 2021
CAMDEN, N.J. — A New Jersey federal judge has dismissed an upscale clothing store’s lawsuit for coverage of COVID-19-related losses, ruling that they fall within the ambit of the policy’s virus exclusion.
In a March 18 order, Chief Judge Freda Wolfson of the U.S. District Court for the District of New Jersey rejected Garmany of Red Bank Inc.’s argument that the exclusion is ambiguous, ruling that “the provision in no way suggests that the virus must be present at the insured property for the exclusion to apply.”
Garmany alleged it suffered “direct physical loss and damage” to its insured premises …