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

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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.

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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.