N.J. Federal Judge Rules Against Samsonite in COVID-19 Coverage Action

TRENTON, N.J. — A New Jersey federal judge has ruled in favor of Factory Mutual Insurance Co. in a COVID-19 coverage action filed by luggage maker Samsonite LLC and its affiliates, ruling they did not sustain “physical loss or damage” to covered property, as required by the policy.

On July 11, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey explained that lost profits, without physical loss or damage, does not trigger coverage.

Tumi Inc., Samsonite LLC, and Delilah Europe Investments Sarl sought coverage from their insurer, Factory Mutual Insurance Co., after experiencing heavy losses …