Virus Exclusion Applies to Dental Practices’ COVID-19 Losses, N.J. Federal Judge Rules

CAMDEN, N.J. — A New Jersey federal judge has dismissed a COVID-19 business interruption insurance action filed by several dental offices against ACE Property and Casualty Insurance Co., finding the policy’s virus exclusion bars coverage.

In a Sept. 2 order, Judge Noel Hillman of the U.S. District Court for the District of New Jersey rejected the plaintiffs’ argument that the exclusion is ambiguous, finding it “is explicit and plainly excludes from coverage” any losses caused by a virus.

Plaintiffs are a dental care practice with offices throughout southern New Jersey, as well as several related limited liability companies known as …