A New York federal judge said a contamination exclusion under a Factory Mutual Insurance Co. commercial property policy is too ambiguous, holding that she cannot determine whether the exclusion bars coverage of Thor Equities’ COVID-19 related business losses.
U.S. District Judge Analisa Nadine Torres said Wednesday FM’s contamination exclusion, which bars pollution caused by a virus, is not clear on whether it precludes contamination or decontamination costs. The judge said that it is inappropriate for her to rule that the exclusion bars coverage to Thor’s alleged losses as FM wishes.
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