By Ben Zigterman (June 22, 2022, 8:04 PM EDT) — The Baylor College of Medicine is appealing a Texas state judge’s ruling that a pollution and contamination exclusion prevents coverage for its COVID-19-related losses.
The medical school argued Tuesday that the lower court correctly denied summary judgment to insurers over whether there was a “direct physical loss” from COVID-19.
However, BCM said the mention of “virus” in the pollution and contamination exclusion from XL Insurance America Inc. and ACE American Insurance Co. is “tucked away” among a list of other items.
“Use of the term virus in that exclusion does not unambiguously preclude coverage in this case, a fact reinforced by…
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