Tapestry, Inc. v. Factory Mut. Insurance

Summary

The court answered a certified question concerning whether COVID-19 contamination and resulting loss of use trigger coverage under all-risk property policies requiring physical loss or damage. It held that coverage is not triggered unless the substance causes tangible, concrete, and material harm to the property or deprives the insured of possession. The alleged presence of Coronavirus in the air and on surfaces, without physical or structural alteration, therefore did not satisfy the policy requirement.