In a twist reminiscent of a high-stakes chess game, an insurer representing a high-end mall in Southern California has strategically withdrawn from a legal battle over $5 million in losses attributed to the COVID-19 pandemic. This move leaves an AIG subsidiary isolated in the legal arena, grappling with the ongoing claims.
The Curtain Falls on a Legal Drama
U.S. District Judge Maame Ewusi-Mensah Frimpong, in a decisive move on Monday, declared the cessation of all disputes between Starr Surplus Lines Insurance Co. and C.J. Segerstrom and Sons. This agreement comes as a cloak of secrecy shrouds the settlement’s specifics, leaving the public in suspense as of Tuesday.
Insurer Exits California Mall $5M COVID Row : Lexington Insurance Co.
Lexington Insurance Co., a branch of the AIG family tree, now stands alone as the defendant, carrying the weight of the unresolved claims.
The Goliath of Shopping Centers
At the heart of this legal labyrinth is South Coast Plaza, a colossal shopping center in Southern California, boasting its status as the largest retail haven on the West Coast. Owned and operated by Segerstrom, this commercial titan became a casualty of the pandemic’s wrath.
Insurer Exits California Mall $5M COVID Row : The Shutdown Saga
March 2020 marked a dark chapter for South Coast Plaza, as it shuttered its doors amid the escalating COVID-19 crisis and ensuing government directives. This prolonged closure led to a staggering $5 million in losses, a financial blow that reverberated through Segerstrom’s corridors.
Insurers’ Cold Shoulder
The plot thickens as both Lexington and Starr, Segerstrom’s insurers, denied coverage for the pandemic-induced financial hemorrhage, sparking a legal showdown.
The Battle Commences
March 2022 saw Segerstrom charging into legal battle, accusing its insurers of contract breach and malicious neglect. Their demand: a judicial declaration affirming the insurers’ responsibility for covering the monumental losses.
Insurer Exits California Mall $5M COVID Row: A Policy Puzzle
Lexington, in a defensive maneuver, cited policy clauses in June, arguing that “contaminants,” including viruses, were excluded. However, the court, in a pivotal decision in February, dismissed this argument, keeping Segerstrom’s hopes alive.
Silence from the Frontlines
As the dust settles, representatives from the involved parties remain tight-lipped, offering no comments on the recent developments.
Insurer Exits California Mall $5M COVID Row : Legal Gladiators
In this legal coliseum, C.J. Segerstrom and Sons find their champions in Shaun H. Crosner and Lauren Noelle Malindzak of Pasich LLP. Lexington Insurance Co. rallies behind Julia M. Beckley and her team from Dentons. Meanwhile, Starr Surplus Lines Insurance Co. entrusts its defense to the duo of Thomas J. D’Antonio and Eric W. Buetzow from Zelle LLP.
