Virus Exclusion Applies to N.J. Pub’s COVID-19 Losses, N.J. Appellate Court Affirms

TRENTON, N.J. — A New Jersey appellate court has upheld an award of summary judgment to American Property Insurance Co. in a COVID-19 coverage action, affirming that the policy’s virus exclusion endorsement bars coverage for losses caused by government shutdown orders issued in response to the pandemic.

In a Jan. 24 opinion, the New Jersey Appellate Division agreed with the Mercer County Superior Court that the exclusion clearly applies because the orders were not the proximate cause of the businesses’ losses; rather, it was the virus itself.

Plaintiffs Antone’s, A Bar 401 LLC and D Bar 401 LLC own The …