Tapestry, Inc. v. Factory Mut. Insurance

Summary

The court answered a certified question concerning whether the presence of Coronavirus in the air and on surfaces, together with the resulting loss of functional use of retail stores, triggered coverage under all-risk property policies requiring physical loss or damage. It held that coverage was not triggered because the alleged viral presence caused neither tangible, concrete, and material harm to the property nor deprivation of possession. The court emphasized the ordinary meaning and overall structure of the policies, including repair-or-replacement provisions and separate communicable-disease coverages.