Affiliated FM Insurance Company asked a judge with the U.S. District Court to dismiss Augusta University’s request for partial judgement.
The insurance company’s response was filed April 29, 2021. It follows AU’s motion for partial judgement filed April 1, 2021.
AU filed a claim for damages under the policy’s “Communicable Disease” sections, including property damage due to the presence of a communicable disease and loss of income due to business interruptions.
MORE: AU Health Files $9 Million Lawsuit: Sues AFM Insurance for COVID-19 Related Businesses Losses
AFM denied AU’s losses were due to the presence of COVID-19 and that leadership restricted or prohibited access to its locations and those orders were due to the actual presence of COVID-19.
In its response, AFM said, “Plaintiffs must prove each of these three elements before they could be entitled to potential coverage under the communicable disease provisions in the policy. Additionally, AFM plead at least three affirmative defenses disputing plaintiffs’ allegations that plaintiffs provided adequate information to establish a covered claim under the Policy’s communicable disease provisions.”
A date has not been set for the judge’s ruling.
Dana Lynn McIntyre is a Staff Reporter with The Augusta Press. You can reach her at dana@theaugustapress.com.
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