Factory Mutual Insurance Co. can use a contamination exclusion to bar coverage of two Missouri universities' COVID-19-related losses, a Kansas City federal judge has ruled, granting the insurer's motion for partial judgment on the pleadings.

U.S. District Judge Brian C. Wimes of the Western District of Missouri said Jan. 26 that the contamination exclusion in Rockhurst University's and Maryville University's property policies unambiguously bars coverage under provisions for protection and preservation of property, time element, civil authority, ingress/egress and expediting costs.

However, the contamination exclusion does not apply to the communicable disease provision in the universities' policies, the judge said. He noted that the policy lacks language that would bar the possibility of recovery under the communicable disease provision, but not under provisions subject to the contamination exclusion.

Lamacar Inc., which does business as Kelli's Gift Shop Suppliers and provides hospital, casino, college and hotel gift shops with inventory, is not owed coverage for its alleged $24 million in losses after its clients suspended operations or permanently closed due to the pandemic, a Texas federal judge has ruled.

U.S. District Judge Karen Gren Scholer of the Northern District of Texas granted Cincinnati Casualty Co.'s motion to dismiss Jan. 26, saying Lamacar's customers did not experience a property loss that would be covered because "nothing physical has happened to their property."

A New Orleans-area orthopedic clinic owner will have another chance to sue its insurer for coverage of lost income because of the COVID-19 pandemic, a Louisiana federal judge said, giving the clinic until Feb. 4 to file an amended complaint.

In a Jan. 25 order, U.S. District Judge Wendy B. Vitter of the Eastern District of Louisiana said a virus exclusion in Southern Orthopaedic Specialists LLC's policy bars coverage for its lost business income, extra expense and civil authority claims, and that Southern Orthopaedic did not suffer a "distinct, demonstrable, physical alteration" of its properties.

"Because the court should grant leave to amend when justice so requires, the court grants plaintiff leave to file an amended complaint addressing the deficiencies identified in this order, should it choose to do so," the judge said.

Independent Specialty Insurance Co. owes no coverage for losses the owner of Sunset Grill at Little Harbor suffered when Gov. Ron DeSantis and Hillsborough County suspended on-site dining due to the coronavirus, a Florida federal judge has ruled.

U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida granted the insurer's motion to dismiss Jan. 25, saying Southshore Hospitality Management LLC's losses were caused by a virus, which is excluded under the policy.

Liberty Mutual Group Inc. and West American Insurance Co. do not owe an event planner coverage for lost business income and extra expenses incurred when it suspended operations because of the COVID-19 pandemic, a Los Angeles federal judge has ruled.

Green Apple Event Co. failed to allege that its property suffered a physical alteration because of governmental orders that restricted gatherings because of the coronavirus," U.S. District Judge Fernando M. Olguin of the Central District of California said Jan. 24, adding that a virus exclusion would also bar coverage.

Landmark American Insurance Co. owes no coverage for losses Alabama and Florida restaurants suffered after they restricted operations due to governmental orders in response to the coronavirus pandemic, a Pensacola federal judge has ruled.

The financial losses Homestar Financial Group Inc. and several of its subsidiaries, including Gulf Coast Wings Inc., Mobile Wings Inc. and Owl's Nest of Pensacola Beach Inc. "are not covered as a matter of law" because there was no direct physical loss or damage to their properties, U.S. District Judge T. Kent Wetherell II of the Northern District of Florida said Jan. 24, granting the insurer's motion to dismiss.

Zurich American Insurance Co. is off the hook from covering financial losses an information technology company suffered when governmental orders closed businesses and told people to stay home because of the coronavirus, a Dallas federal judge has ruled.

NTT Data International LLC and NTT Data Services International Holdings BV failed to show that they experienced physical loss or damage that would trigger coverage, U.S. District Judge Karen Gren Scholer of the Northern District of Texas said Jan. 21, granting Zurich's motion to dismiss while noting the contamination exclusion also bars coverage.

The operators of a Buffalo Grove, Illinois, fitness center and café are not owed coverage from Cincinnati Insurance Co. for their COVID-19-related financial losses, a Chicago federal judge has ruled.

U.S. District Judge Mary M. Rowland of the Northern District of Illinois granted the insurer's motion to dismiss Jan. 20, saying 1501 Busch Parkway LLC, Sky Fitness Corp., Sky Equipment Corp., Sky Global LLC and Sky Café did not experience a physical dispossession of their property.

Voyager Indemnity Insurance Co. owes no coverage to a New Orleans eatery that suffered financial losses when government orders restricted the capacity of restaurants in March 2020, a Louisiana federal judge has ruled.

Grand Isle Partners LLC, which does business as Grand Isle Restaurant, failed to allege its property was physically altered and therefore it did not suffer "'physical loss of or damage to' its property," U.S. District Judge Eldon E. Fallon of the Eastern District of Louisiana said Jan. 20, granting the insurer's motion to dismiss.

Judge Fallon also said a virus exclusion in Grand Isle's policy precludes coverage of its alleged losses.

Starr Surplus Lines Insurance Co. does not owe business interruption coverage to the owner of nine bars and restaurants in the Tampa, Florida, area for the financial losses caused by the coronavirus pandemic, a New York judge has ruled.

SFMB Management LLC, the owner of SunPubs, failed to show that it suffered the requisite "direct physical harm" needed to trigger coverage, New York County Supreme Court Judge Debra A. James said Jan. 20, granting Starr's motion to dismiss.

Selane Products Inc., a Los Angeles-area maker of artificial teeth, will not get another crack at coverage of COVID-19-related losses from Continental Casualty Co., a 9th U.S. Circuit Court of Appeals panel said Jan. 21.

The panel rejected Selane's motions for a rehearing and an en banc rehearing as no judge of the 9th Circuit had requested a vote.

Liberty Mutual Holding Co. Inc. and three other Liberty companies have removed to federal court a lawsuit seeking coverage of COVID-19-related losses filed by the owner of duty-free shops in Colorado, Florida, New Jersey, North Carolina, Pennsylvania and Texas airports.

3Sixty Duty Free & More Holdings LLC alleges the insurer wrongly withheld payments of about $18 million and is not a resident of either Massachusetts or Wisconsin, according to the notice of removal filed Jan. 21 in the U.S. District Court for the Western District of North Carolina.

The insurers acted in bad faith when they breached the contract by denying coverage of the losses the shops allegedly suffered after governmental orders to slow the spread of COVID-19 restricted access to its premises, 3Sixty says in the complaint, originally filed Dec. 13 in North Carolina's Mecklenburg County Superior Court.

1501 Busch Parkway LLC et al. v. Cincinnati Insurance Co., No. 21-cv-2183, (N.D. Ill. Jan. 20, 2022).

3Sixty Duty Free & More Holdings LLC v. Liberty Mutual Holding Co. Inc. et al., No. 22-cv-25, notice of removal filed, (W.D.N.C. Jan. 21, 2021).

Grand Isle Partners LLC v. Assurant et al., No. 21-cv-505, (E.D. La. Jan. 20, 2022).

Green Apple Event Co. Inc. v. Liberty Mutual Group Inc. et al., No. 21-cv-6154, (C.D. Cal. Jan. 24, 2022).

Homestar Financial Group Inc. et al. v. Landmark American Insurance Co., No. 21-cv-2603, (N.D. Fla. Jan. 24, 2022).

Lamacar Inc. v. Cincinnati Casualty Co., No. 21-cv-1396, (N.D. Tex. Jan. 26, 2022).

NTT Data International LLC et al. v. Zurich American Insurance Co., No. 21-cv-890, (N.D. Tex. Jan. 21, 2022).

Rockhurst University et al. v. Factory Mutual Insurance Co., No. 20-cv-581, order issued (W.D. Mo. Jan. 26, 2022).

Selane Products Inc. v. Continental Casualty Co., No. 21-55123, (9th Cir. Jan. 21, 2022).

SFMB Management LLC v. Starr Surplus Lines Insurance Co., No. 653203/2021, (N.Y. Sup. Ct., N.Y. Cnty. Jan. 20, 2022).

Southern Orthopaedic Specialists LLC v. State Farm Fire & Casualty Co., No. 21-cv-861, (E.D. La. Jan. 25, 2022).

Southshore Hospitality Management LLC v. Independent Specialty Insurance Co. Inc., No. 21-cv-696, (M.D. Fla. Jan. 25, 2022).