AECOM sues insurance carrier for payment of COVID-19 property damage claims

AECOM is suing Zurich American Insurance alleging that the carrier’s “all-risk” policies should include claims for losses due to the impact of COVID-19.

The design firm alleges that Zurich refused to pay coronavirus-related claims when such coverage was not specifically excluded in AECOM's “all-risk” property insurance policies. AECOM claims its COVID-19 damages run in the millions of dollars.

According to AECOM’s suit, the insurance industry has a standard virus and bacteria exclusion form, but Zurich did not include it in AECOM policies. Some of the losses AECOM claims Zurich will not cover are for installation of physical barriers to isolate aerosolized droplets produced by those who are infected by the disease.

AECOM also said in the court filing that Zurich knew or should have known that many courts have determined that the presence of a hazardous substance in a property, including within its airspace, is considered property damage. Further, there may be direct physical loss to the property even without any physical damage. The lawsuit also noted that AECOM has offices, operations, and projects around the world where more than 500 AECOM employees have tested positive for COVID-19.

New York City has two very large buildings dedicated to answering the 911 calls of its five boroughs. With more than 11 million emergency calls annually, it makes perfect sense. The second of these buildings, the Public Safety Answering Center II (PSAC II) is located on a nine-acre parcel of land in the Bronx. It’s an imposing 450,000 square-foot structure—a 240-foot-wide by 240-foot-tall cube. The gleaming aluminum cube risesthe equivalent of 24 stories from behind a grassy berm, projecting the unlikely impression that it might actually be floating. Like most visually striking structures, the building has drawn as much scorn as it has admiration.