A crane operator had a side hustle for years before he was injured. However, the COVID-19 pandemic drove away both clients and profits from the gig in the months leading up to a debilitating injury.
The lawsuit alleges that the 35 linked MSG companies paid "millions of dollars in premiums," but "instead of honoring their obligations, the insurers have paid nothing for the MSG Insureds' losses."
The court ruled on whether there was any physical damage to the properties and if activities designed to prevent the transmission of the coronavirus were 'repairs'.
The insurance policy phrase "direct physical loss of or damage to" has been in the news the past few years thanks to BI cases stemming from the pandemic.