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A pair of glasses lies on top of a lawsuit summons. The panel’s opinion mostly focused on whether the Botanical Garden could proceed past the dismissal stage with its central claim that Allied World had wrongfully denied its coverage-claim for “contingent business interruption” under a policy with the insurer. (Credit: Shutterstock)

A New York appeals court will allow the New York Botanical Garden to continue with a lawsuit against its insurer for their refusal to pay for losses the site suffered due to mandated COVID-19 closures.

The same unanimous panel of justices has also gone a step further, allowing the Botanical Garden to also proceed past the motion-to-dismiss stage with a related breach of the implied covenant of good faith claim.

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