Florida Circuit Court Grants Mound Cotton’s Clients Dismissal of COVID-19 “Special Perils” Claim
Mound Cotton’s clients were dismissed with prejudice from a COVID-19 coverage action seeking “Special Perils” coverage. The claim, brought by IMC Property Management and Maintenance, Inc., involved four iterations of a complaint, and Mound Cotton successfully had moved to dismiss the previous iterations as well. According to the most recent complaint, the insured’s claim focused exclusively on a “Special Perils” extension, against which Mound Cotton moved to dismiss on the sole basis that an AmRisc Policy virus exclusion barred all coverage. The court agreed, as it granted the motion to dismiss with prejudice.
The case is IMC Proerty Management & Maintenance, Inc. v. Westchester Surplus Lines Insurance Co., No. 2021-005192-CA-01 (Fla. Cir. Ct. Miami-Dade Cnty. July 31, 2023), and the order is available here.
Partners Wayne R. Glaubinger and Jared K. Markowitz represented the AmRisc Insurers, namely: Lexington Insurance Company; Certain Underwriters at Lloyd’s, London; General Security Indemnity Company of Arizona; and United Specialty Insurance Company.