Lindenwood Female College v. Zurich American Insurance Co., No. 21-3738 (8th Cir. 2023)
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Lindenwood Female College (Lindenwood) asserted class action claims against its casualty insurer, Zurich American Insurance Company (Zurich), alleging a wrongful denial of coverage for COVID-19 business interruption at its Missouri and Illinois properties. The district court granted Zurich’s motion to dismiss, finding no plausible allegation of coverage.
The Eighth Circuit affirmed. The court concluded that Lindenwood’s argument fails to identify an ambiguity. The court explained that in its view, no lay person—no reasonable insured—could look at the policy as a whole and fail to appreciate that the state-specific endorsements are intended to apply in the respective states. The references to Louisiana and other states are not mere titles; they serve to establish the structure of the policy as a whole. And it would simply make no sense to define a contamination exclusion with express reference to viral contamination in the main body of the policy only to wholly eliminate that same exclusion nationwide in a later endorsement that references an individual state.
Court Description: [Melloy, Author, with Gruender and Erickson, Circuit Judges] Civil case - Insurance. The district court did not err in determining that plaintiff failed to make a plausible allegation of coverage for COVID-related business operation losses; even if plaintiff could make an argument that viral presence satisfies the physical requirement this court has found necessary in prior cases, specific provisions of the policy in question exclude coverage for viral contamination.
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