Motion To Dismiss Insured’s Claims In COVID, Pollution Suit Properly Denied

Mealey's (June 16, 2022, 9:58 AM EDT) --  XE "Pollution Liability" BRONX, N.Y. — A trial court did not err in denying a pollution legal liability insurer’s motion to dismiss an insured’s claims for breach of contract and bad faith arising out of the insured’s claim for business interruption losses caused by the shutdown orders issued in the wake of the COVID-19 pandemic because the insurer failed to meet its burden of proving that no coverage is afforded under the policy for the losses, the First Department of the New York County Supreme Court Appellate Division said June 14....