Scott Mollen, Partner at Herrick, Feinstein LLP Scott Mollen, Partner at Herrick, Feinstein LLP

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COVID–19 Insurance Claims for Business Income Coverage and Civil Authority Coverage—Motion to Dismiss Denied

An insurance company (defendant) moved to dismiss a plaintiff insured's complaint. A plaintiff construction management company and a plaintiff owner (collectively referred to as "plaintiff") are developing an 80-story condominium building in Brooklyn, New York. On March 7, 2020, the governor of New York issued "an executive order declaring a state disaster emergency" in response to the COVID-19 pandemic.