FOLLOW US

America March 3, 2023 4 mins read

Judge Overrules AIG Unit in $5M COVID Coverage Suit: Luxury Mall Prevails in Ambiguous Policy Language Case

America ı By Samuel Lopez

0 Comments

Untitled

(USA Herald) – Luxury Orange County mall South Coast Plaza has been granted the right to proceed with its lawsuit against an AIG unit, after a California federal judge ruled that a policy exclusion did not block its claims for over $5 million in COVID-19 pandemic closure losses.

Legal news contributor for USA Herald, Samuel Lopez, reports that plaintiff C.J. Segerstrom and Sons had been forced to close the upscale shopping center in March 2020 as a result of the outbreak of COVID-19 and suffered losses of more than $5 million as a result. The company's insurers, Lexington Insurance Co. and Starr Surplus Lines Insurance Co., declined to insure Segerstrom for its losses, prompting the lawsuit.

Lexington Insurance Co., a subsidiary of AIG, filed a motion to dismiss, citing a policy exclusion for loss or damage caused by "contaminants", including a "virus". However, U.S. District Judge Maame Ewusi-Mensah Frimpong ruled that the "pollution and contamination" policy exclusion did not block South Coast Plaza's claims.

Frimpong noted that Lexington and Starr are part of an insurance program incorporating several insurance policies purchased by Segerstrom, which provide up to $5 million in "Special Time Element" coverage that insures losses sustained from the "cancellation … [or] interference with the business" as a result of contagious or infectious disease, including those losses resulting from the outbreak of a contagious or infectious disease within a 10-mile radius of the insured location.

The policies also state that they cover the "closing of the whole or part of the premises of the insured either by the insured or by order of a public authority consequent upon the existence or threat of hazardous conditions either actual or suspected at an insured location." While the policy has an exclusion for "pollution and contamination", the judge determined that it was ambiguous and required to be construed in favor of Segerstrom and against Lexington.

The judge cited Mackinnon v. Truckers Insurance Exchange, in which the California Supreme Court looked at a similar "pollution" exclusion in a case related to the use of a pesticide at a residential property, in which the court said it was "far from clear" that pesticides "would be commonly thought of as pollution" and so the coverage was not precluded.

According to the judge's ruling, the terms "discharge, dispersal, release, and escape" in the Segerstrom policy must be interpreted to apply only to traditional environmental pollution, and not to coughing, breathing, or sneezing. The judge emphasized that Segerstrom's policy explicitly covers outbreaks of communicable diseases, and that the "Special Time Element Coverage" serves a purpose similar to that of business interruption insurance, safeguarding against losses incurred when operations are disrupted without warning.

In her ruling, the judge looked to a 2022 California Court of Appeal decision related to San Francisco's iconic restaurant John's Grill and its battle with insurers over their decision to deny coverage for business interruptions during the COVID-19 pandemic. "Insurers cannot take in premium for a coverage grant that names a specifically covered risk — here virus contamination — and then justify denying coverage for it under all circumstances because some other risk may be covered under the same coverage grant," states the ruling in John's Grill, Inc. v. Hartford Fin. Servs.

C.J. Segerstrom and Sons is represented by Kayla Robinson and Shaun Hamilton Crosner of Pasich LLP. Lexington Insurance Co. is represented by Justin A. Martin, Keith Moskowitz, and Erin E. Bradham of Dentons US LLP. Starr Surplus Lines Insurance Co. is represented by Thomas J. D'Antonio and Eric W. Buetzow of Zelle LLP. The case, C.J. Segerstrom and Sons v. Lexington Insurance Company et al., is being heard in the United States District Court for the Central District of California.

This ruling is significant for policyholders who have suffered losses due to the COVID-19 pandemic and are seeking coverage from their insurers. It also highlights the importance of having clear and unambiguous policy language, as ambiguous language can be interpreted in favor of the policyholder.

Overall, this decision by Judge Frimpong is an insightful one. She determined that the policy exclusion was ambiguous and therefore required to be construed in favor of the policyholder. This decision will likely have implications for similar cases involving COVID-19-related losses and policy exclusions, and it will be interesting to see how insurers respond to this ruling in the future.

By Samuel Lopez, Legal News Contributor for USA Herald

 

 

Previous Article

Andrew Tate Now Rumored to Have Lung Cancer

Read More
1987 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 20, 2026 California Ballots: DOJ Cites Charges Against 28 People By – Michallie Harrison
America October 20, 2026 Richard Riehle Dies at 78, Leaving a Scene-Stealing Legacy By – Michallie Harrison
America October 20, 2026 Extreme Heat Is Spreading and Lasting Longer By – Michallie Harrison
America October 19, 2026 Kohen Wiley Is Dead. Mississippi Owes the Public Answers. By – Michallie Harrison
America October 19, 2026
Skywatchers: Meteor Season Brings Orionid and Taurid…

The Autumn Meteor Season is underway,. Skywatchers will have two…

By – Jackie Allen
America October 19, 2026
Patriot Missiles Delayed Despite Payment, Zelenskyy…

WASHINGTON — The United States is delaying deliveries of Patriot…

By – Michallie Harrison
America October 19, 2026
Trump’s Russia Policy: Cornyn Shares Investigation…

WASHINGTON — Republican Sen. John Cornyn has amplified a call…

By – Michallie Harrison
America October 19, 2026
Human Genome Project Legacy Advances Research…

The Human Genome Project transformed scientists’ understanding of human DNA.…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie Harrison
America October 18, 2026
Hunter’s Moon Illuminates October Skies

The Hunter’s Moon will light up the autumn sky in…

By – Jackie Allen
America October 18, 2026
Alleged Chinese Agent Has Ties to…

A Federal investigation into California realtor Wanying “Heather” Zhang reveals…

By – Jackie Allen
America October 18, 2026
Protests in Paris: Macron to Address…

PARIS, France — October 18, 2026 — Protests in Paris…

By – Jackie Allen
America October 17, 2026
KJ Biermann Faces  Felony Charges as…

ATLANTA — KJ Biermann, the 15-year-old son of reality television…

By – Jackie Allen
America October 17, 2026
America in 2035: A Nation Unraveled…

By Michallie K. Harrison | Opinion The future I warned…

By – Michallie Harrison
America October 17, 2026
School Shooter Killed After Father Crawls…

A father whose two daughters attended Silver Rail Elementary School…

By – Jackie Allen
America October 17, 2026
Flying Car:Elon Musk’s SpaceX-Inspired Tesla Takes…

The Flying Car concept took a dramatic step into the…

By – Jackie Allen
America October 17, 2026
Russian Winter Blueprint: Ukraine’s Heat and…

KYIV, Ukraine — A reported Russian winter blueprint outlines attacks…

By – Michallie Harrison
America October 16, 2026
Recently Obtained FOIA Records Reveal AARO…

What the Pentagon Records Now Show AARO arranged a private…

By – Samuel Lopez
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 16, 2026
Ilhan Omar MIA as Husband Flips…

What Readers Need to Know Federal agents seized Rep. Ilhan…

By – Samuel Lopez
America October 16, 2026
Trump May Replace Susie Wiles as…

Susie Wiles, President Donald Trump’s longtime chief of staff and…

By – Jackie Allen
America October 16, 2026
NJ Severe Thunderstorm Watch Covers All…

New Jersey residents are preparing for potentially powerful thunderstorms Friday,…

By – Rachel Moore
America October 16, 2026
Katie Zacharia Fired After Less Than…

White House press secretary Katie Zacharia has been fired after…

By – Rachel Moore
America October 16, 2026
International Seaways To Buy Euronext Oslo-Listed…

International Seaways Inc., a major player in global oil transportation,…

By – Rachel Moore
America October 16, 2026
Order To Limit Ukraine’s Use of…

What Readers Need to Know Zelenskyy answered a question about…

By – Samuel Lopez
America October 16, 2026
Tesla Flying Car Roadster Leaps, Flips…

Most car launches involve a spinning platform and some dry…

By – Tyler Brooks
America October 16, 2026
California Ballots: Trump DOJ Targets 20,000…

WASHINGTON — The Trump administration sued California on Thursday, seeking…

By – Michallie Harrison
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie Harrison
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel López | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 12, 2026
Selma Blair Faces Issues After Alleged…

Selma Blair, the actress known for her roles in Cruel…

By – Jackie Allen
America October 12, 2026
Medicare Insurer Sues CMS After Star…

What’s at Stake Alignment’s largest California Medicare Advantage contract fell…

By – Samuel Lopez
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter