“The businesses lost the ability to use their properties for their intended business purposes because the governors of the states in which they operate issued orders closing or limiting the activities of nonessential businesses, not because there was anything wrong with their properties,” Chagares said.
January 06, 2023 at 06:18 PM
4 minute read
A federal appeals court has predicted that the highest state courts in both Pennsylvania and New Jersey will allow insurance carriers to deny coverage to businesses for pandemic-related shutdowns.
The U.S. Court of Appeals for the Third Circuit ruled in Wilson v. USI Insurance Service LLC that insurance carriers correctly denied coverage by determining the businesses did not suffer a “physical loss of or damage to” their property when they were ordered to shutter to help stem the tide of COVID-19.
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