5th Cir. Upholds Dismissal of New Orleans Jewelry Store’s COVID-19 Coverage Action

NEW ORLEANS — A federal appellate panel has upheld dismissal of a COVID-19 insurance action against Axis Surplus Insurance Co., affirming that the presence of the virus on the insured business owner’s property did not cause “tangible” loss of property, or “an alteration, injury, or deprivation of property,” as required to trigger coverage.

In a Sept. 20 opinion, the 5th Circuit U.S. Court of Appeals panel also upheld dismissal of the plaintiff’s claims against an insurance agent and a broker, explaining that it failed to plausibly allege they owed any duty to advise it about pandemic-related coverage.

Coleman E. Adler …