At Oral Arguments in COVID Business Interruption Case, NJ Justices Probe Whether Casino Was 'Sophisticated' Policyholder
"First, let me begin by telling you what this case is not about," Steven M. Orlofsky, a partner with Blank Rome representing plaintiff AC Ocean Walk, said. "The defendants have what I call the 'scoreboard' approach. They have cited many state and federal cases from around the country which have decided these questions against policyholders. Those cases, while certainly entitled to consideration, are not dispositive."
September 28, 2023 at 09:52 AM
8 minute read
The original version of this story was published on New Jersey Law Journal
The New Jersey Supreme Court heard oral arguments Wednesday in a COVID-related business interruption dispute between an Atlantic City casino and its insurers, becoming the latest court to mull whether the virus or the related executive orders caused a covered "direct physical loss of or damage" to the plaintiff's property and, if so, whether the contamination exclusions in the policies apply.
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