In the case of Philadelphia Eagles, LP v. Factory Mut. Ins. Co., No. 2:21-CV-01776-MMB (E.D. Pa. Dec. 15, 2022 Baylson J.), the court denied a carrier’s Motion to Dismiss in a case involving the Philadelphia Eagles seeking coverage from their carriers for financial losses associated with the COVID-19 pandemic and governmental closure orders. The Eagles had a $1 Billion Dollar policy in this regard.
The carrier moved to dismiss and asserted exclusions in the policies.
The court ruled that, due to the unsettled status of Pennsylvania law on the issues presented, it was appropriate to deny the Motion to Dismiss and to allow discovery limited to the exchange of pertinent documents.
Anyone wishing to review a copy of this decision may click this LINK. The Court’s companion Order can be viewed HERE.
Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Jan. 5, 2023).