Court Refuses to Dismiss COVID Suit Based on Communicable Disease Endorsement

A California federal district court has refused to dismiss a COVID-19 related coverage suit filed by a San Diego preschool against it’s insurer based on a communicable disease exclusion in the school’s insurance policy. The case is Baldwin Academy et al. v .Markel Insurance Co. et al. 

According to the ruling, on Saturday March 14th of 2020, a parent of one of Baldwin Academy’s students notified the school staff that she and the student’s grandparent had tested positive for COVID-19. The parent had visited the school’s campus to pick up their child several times in the days prior to the positive test. After receiving notice from the parent of the positive test, the school notified parents on Sunday, March 15th that the school would be closed starting the following day.