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TINA TURNER MUSICAL LLC v. CHUBB INS. CO. OF EUROPE SE

Index No. 651607/21. Appeal No. 16804. Case No. 2022-02269.

211 A.D.3d 449 (2022)

179 N.Y.S.3d 68

2022 NY Slip Op 06896

Tina Turner Musical LLC, Respondent, v. Chubb Insurance Company of Europe SE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 6, 2022.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York (Owen B. Carragher Jr., of Counsel), for appellant.

Pillsbury Winthrop Shaw Pittman LLP, New York (Alexander D. Hardiman of Counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Gesmer, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about December 30, 2021, which denied defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

The court correctly concluded that plaintiff's losses resulting from the cancellation of its Broadway show during the COVID-19 pandemic did not fall within the communicable disease exclusion in the insurance policy. The exclusion precluded...

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