Schleicher and Stebbins Hotels, LLC & a. v. Starr Surplus Lines Insurance Company & a.

Summary

The Supreme Court of New Hampshire held that the mere presence of SARS‑CoV‑2 in the air or on surfaces at the insured hotels does not satisfy the policy requirements of “loss or damage” or “direct physical loss of or damage to property.” The court reversed the trial court’s partial summary‑judgment order and remanded for further proceedings, while declining to address the mold and pollutants exclusion questions.