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2nd Circ. Precedent Dooms Boutique’s Virus Coverage Suit

PrR by PrR
2022-06-28
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By Ben Zigterman (June 27, 2022, 9:22 PM EDT) — The owner of high-end clothing boutiques lost its COVID-19 coverage lawsuit with a Chubb unit when a New York federal judge ruled that the Second Circuit’s precedent doomed the case because there wasn’t any physical loss or damage to property.

U.S. District Judge Lewis J. Liman dismissed the suit Friday, finding that there was nothing in Kiton Corp.’s complaint against Pacific Indemnity Co. that distinguished it from the various COVID-19 coverage suits the Second Circuit has already rejected.

A New York federal judge ruled that Pacific Indemnity Co. has no obligation to cover a boutique operator’s COVID-19-related losses. (Lightspruch/iStock) Since the Second Circuit’s…

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