Law360 (Aug. 24, 2021, 5:20 p.m. EDT) – A Pennsylvania federal judge dismissed a proposed class action lawsuit by a New York photography company against Valley Forge Insurance Co. for pandemic losses, stating that “Words Count” concluded that the coronavirus was not insuring anyone caused physical loss or damage.
Photo company JMR Holdings LLC’s argument that the definition of physical loss or damage in the policy was ambiguous did not convince U.S. District Judge Joshua D. Wolson, who ruled Monday that Valley Forge’s policy clearly states that a change should be made of property is required to be considered physical damage loss.
Judge Wolson stated that the use of the “direct” and “physical” qualifiers in the guideline …
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