ELEGANT MASSAGE, LLC d/b/a LIGHT STREAM SPA, on behalf of itself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and STATE FARM FIRE AND CASUALTY COMPANY, Defendant., 506 F. Supp. 3d 360

Summary

HOLDINGS: [1]-The court denied motion to dismiss insured's claims because the expansive anti-concurrent causation clause was not a recognized or settled doctrine in the court's jurisdiction and the insurer failed to meet its burden to show that the virus exclusion clause applied to insured's claim; Insured was neither alleging that there was a presence of a virus at the property nor that a virus was the direct cause of property's physical loss, or that Virginia's issued executive orders were as a result of growth, proliferation, spread or presence of virus contamination at insured's property, but that its orders were the sole cause of insured's loss of business income and extra expense. And, while some businesses could continue operating, the orders specifically classified spa as a COVID-19 hotspot and, thus, selectively ordered that it be closed as preventative health measure.