Judge Dismisses Insureds’ Coronavirus Coverage Suit, Finds Amendment Would Be Futile

Mealey's (November 9, 2020, 12:07 PM EST) -- CAMDEN, N.J. — A New Jersey judge on Nov. 5 granted a businessowners insurer’s motion to dismiss without prejudice bakery insureds’ breach of contract lawsuit arising from a suspension of business operations caused by governmental orders in response to the novel coronavirus, finding that amending the complaint will not change the conclusion that the insureds’ “claims based upon actions taken to slow or stop the spread of the coronavirus fall within the virus or bacteria exclusion” (Mac Property Group LLC, et al. v. Selective Fire and Casualty Insurance Company, et al., No. L-2629-20, N.J. Super., Camden Co., Law Div.)....