In a Law360 article, “What To Know As Vermont Justices Hear Virus Coverage Row,” Larry D. Mason, a partner in Goldberg Segalla’s Global Insurances Services practice, discussed a COVID-19 coverage suit making its way to the Supreme Court of Vermont. The Justices of the Supreme Court of Vermont will decide whether the presence of the virus at facilities owned by the country’s largest military shipbuilder caused “direct physical loss or damage to” their property.
Larry and other attorneys shared their thoughts on what the arguments of the insurer and the policyholder will be, what is at stake with a potential ruling, and what to expect from the case.
“There is no physical loss or damage,” Larry said while explaining “The word physical doesn’t encompass intangible harm on a business. When they go off on the tangent about contamination, they really are trying to obfuscate hundreds of courts that have analyzed the effects of the pandemic on businesses.”
Larry believes there is precedent for Vermont to rule in favor of the insurer: “There is safety in numbers,” he said. “Vermont doesn’t need to stick its neck out on this.”
“What To Know As Vermont Justices Hear Virus Coverage Row,” Law360, January 24, 2022
Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in construction, insurance, environmental, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.