In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a broad range of perils including carbon monoxide, odors, and viruses such as the one that causes COVID-19.
Specifically, UP’s brief demonstrates that the trial court failed to apply with fidelity the controlling authority in Wakefern Food Corp. v. Liberty Mutual when it misapplied footnote 7 of that decision.