N.Y. Judge Tosses Prison Medical Provider’s COVID-19 Coverage Action
October 11, 2021
WHITE PLAINS, N.Y. — A New York judge has dismissed a COVID-19 business interruption coverage action filed by a prison medical provider against several insurers, ruling that it did not sustain direct physical loss as required by its policies.
In an Oct. 4 order, Judge Linda S. Jamieson of the Westchester County Superior Court explained most New York courts have ruled that business closures due to the presence of the COVID-19 virus or government shutdown orders do not constitute physical loss or damage to property.
“Moreover, the mere presence of the COVID-19 virus in the air or on surfaces …