In another win for policyholders, the United States District Court for the Middle District of Florida on September 24, 2020 denied Sentinel Insurance Companys motion to dismiss the policyholder doctor offices claim for COVID-19 related business interruption coverage.
Urogynecology Specialist of Florida LLC v. Sentinel Insurance Company Ltd., Case No.: 6:20-cv-1174-Orl-22EJK (M.D. Fla. Sept. 25, 2020). The court engaged in a true analysis of the policys virus exclusion language, finding that the insurer had not met its burden of showing that its proposed reading of the exclusionary language is the only reasonable interpretation.
The policyholder was forced to close its business following Floridas declaration of emergency due to the COVID-19 pandemic.
Sentinel denied the policyholders claim for business interruption coverage under its property policy. The policyholder sought a declaration of coverage in Florida state court, and the action was subsequently removed to the Middle District of Florida where Sentinel filed a motion to dismiss on the basis of the policys virus exclusion.