On behalf of the owner and manager of the Grand Bazaar Shops located on the famous Las Vegas Strip, Cohen Ziffer recently defeated Starr Surplus Lines Insurance Company’s motion for summary judgment that sought to deny coverage for business interruption losses due to the COVID-19 pandemic—teeing up the first Nevada state jury trial in a COVID-19 coverage dispute, and only the second such jury trial in the country. JGB Vegas Retail Lessee, LLC v. Starr Surplus Lines Insurance Company , Case No. A-20-816628-B (Nev. Dist. Ct.). In denying the insurer’s motion, the Court stated that it was “persuaded by Plaintiff’s contentions” that the presence of COVID-19 on and around property could constitute “physical loss or damage” to property, triggering coverage under the insured’s property and business interruption coverage, and that genuine factual issues remained necessitating a trial in the case.
This recent decision comes after prior successes in this matter where Cohen Ziffer defeated the insurer’s pre-answer motion to dismiss, and won on the issue of choice of law, where the Court held that the policy should to be interpreted under Nevada state law.