Insurer Blasts 24 Hour Fitness’ COVID ‘Pollution’ Claims

Alonzo Osche

Law360 (May 14, 2021, 4:20 PM EDT) — An insurer of gym chain 24 Hour Fitness is asking a Delaware bankruptcy judge to dismiss claims it owes the company “pollution” coverage for COVID-19 shutdowns, saying the company can’t point to any gym directly closed due to the presence of the […]

Law360 (May 14, 2021, 4:20 PM EDT) — An insurer of gym chain 24 Hour Fitness is asking a Delaware bankruptcy judge to dismiss claims it owes the company “pollution” coverage for COVID-19 shutdowns, saying the company can’t point to any gym directly closed due to the presence of the virus.

In a motion filed Thursday, Allied World National Assurance Co. asked for a judgment in its favor on the pleadings in 24 Hour’s adversary action seeking coverage for the shutdown of its clubs during the pandemic, saying the policies’ “pollution” coverage is for locations directly shut down by known viral contamination.

“Tellingly absent from plaintiff’s complaint, however, are…

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