Media Coverage
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
12.07.22
The Appellate Division of the New York Supreme Court, First Judicial Department ruled on December 6 that an insurance coverage lawsuit brought by Pillsbury’s Insurance Recovery & Advisory team on behalf of the Tina Turner Musical for losses resulting from closures of the Broadway musical during the pandemic can proceed. In the decision, the First Department affirmed the denial of insurer Chubb European Group SE’s motion to dismiss the case, rejecting Chubb’s contention that Tina Turner Musical’s losses were excluded by the insurance policy.
The First Department found that the losses suffered by the Tina Turner Musical did not fall within the insurance policy’s communicable disease exclusion. That exclusion barred losses from a communicable disease that causes restrictions on people’s movement, or the issuance of travel advisory or warnings, imposed “by any national or international body or agency.” The First Department found that Tina Turner Musical’s loss stemmed directly from Executive Orders issued by New York state and New York City—state and local orders that did not fall under the exclusion. The decision also allows Tina Turner Musical to pursue consequential damages against Chubb.
The Tina Turner Musical is represented by Pillsbury Litigation partners Alexander Hardiman and Benjamin D. Tievsky, and associate Patricia Rothenberg-Montz in New York.
The case is Tina Turner Musical LLC v. Chubb Insurance Co. of Europe SE, 651607/2021, in the Supreme Court of the State of New York for New York County.