Insurer Fights Back in COVID Droplet Lawsuit

An insurance company filed a document Monday asking the D.C. Court of Appeals not to consider the question of whether the presence of COVID-19 droplets cause ‘physical loss and damage’ in the next stage of GW’s lawsuit against the company.

GW last week asked the court to require a judge to rule whether the presence of COVID-19 droplets counts as damage for the purposes of an insurance policy that GW purchased in 2019.

GW sued Factory Mutual Insurance Company late last year in an effort to force the company to pay hundreds of millions of dollars in COVID-related damages after GW moved online during the spread of COVID, but a judge dismissed the case earlier this year saying COVID droplets did not constitute physical damage under the insurance policy.

GW appealed to the D.C. Court of Appeals last week to ask judges to consider the question of whether COVID droplets constituted damage, but Factory Mutual fought back Monday, saying there was no need to consider the question.