Texas Appellate Court Applies Pollution and Contamination Exclusion to Bar COVID-19 Business Interruption Coverage Under Property Policy

The Texas Court of Appeals for the Fourteenth District affirmed summary judgment under Texas law holding that a commercial property policy’s “pollution and contamination exclusion” barred coverage for COVID 19 business interruption losses. The insured nonprofit entity annually operates a major livestock show and rodeo at a county‑owned sports complex. After a patron tested positive for COVID‑19 in March 2020, local public health authorities issued a property‑specific quarantine order that... By: Wiley Rein LLP