Contamination Exclusion Bars Coverage For Water Park Co.

By Ben Zigterman (November 18, 2021, 8:02 PM EST) -- A Delaware state judge on Thursday dismissed a water park owner's COVID-19 coverage lawsuit against HDI Global Insurance Co., finding that an exclusion for contamination clearly prevents coverage.

A water park operator sued HDI Global Insurance after the insurer denied its claim for coverage of pandemic-related losses. (iStock.com/John Law) In granting the insurer's motion to dismiss, Judge Abigail M. LeGrow relied on the exclusion in HDI's policy with APX Operating Co. and didn't address whether COVID-19 can cause "direct physical loss or damage" that would trigger coverage.

"Even if APX adequately has pleaded that the COVID-19 pandemic caused direct physical loss or direct physical...

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