In re the Arbitration between New York City Health & Hospitals Corp. & Degorter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that there was no coverage under an insurance policy’s civil authority provision because the COVID-19 virus does not cause physical loss or damage to property
• “Absent [physical] alteration, direct physical loss occurs only when a risk causes complete physical dispossession of property, and the COVID-19 virus does not.”
• “Absent such [physical] alteration, direct physical loss occurs only when a risk causes complete physical dispossession of property, and the COVID-19 virus does not.”
• “We held with respect to Illinois law that the phrase ‘direct physical loss’ in a commercial property insurance policy requires a physical alteration to property—that is, some alteration in appearance, shape, color or other material dimension.”
• Illinois and Michigan childcare centers whose business disruption claims caused by pandemic were denied did not plausibly allege “direct physical loss of or damage to” property or any other facts falling within the scope of insurance coverage
• in challenge by child care centers, upholding the denial of coverage because the child care centers did not assert that their property was physically altered by the virus and did not allege anything more than a temporary denial of their preferred use of the property

Source: CourtListener parenthetical corpus (CC0).