By Robert Brennan

The Eagles are in court over their COVID-19 insurance claim.

They sued FM Global unit Factory Mutual insurance Co. in Philly’s Common Pleas Court on March 11, according to the complaint in Philadelphia Eagles Ltd. Partnership v. Factory Mutual Insurance Co.

The litigation follows lawsuits recently filed by the Sacramento Kings basketball team, also against FM Global, and another filed by the Los Angeles Lakers basketball team against a Chubb Ltd. unit.

The Eagles states it has “suffered multiple millions of dollars” in lost income from ticket and merchandise sales, among other sources of revenue, because of the pandemic.

Factory Mutual informed the football team it would only consider paying a sublimit of up to $1 million under a communicable disease provision in its all-risk property policy, which provides for up to $1 billion of coverage per occurrence, according to the complaint.

The Eagles contend it is entitled to tap into its coverage under the property damage loss provisions of its policy. The complaint states that “over the course of disease, courts have held that the presence of a hazardous substance at or on a property, including the airspace inside buildings, constitutes property damage.

“Many courts have also held that the closure of property due to imminent risk of physical loss or damage or danger inhabitants constitutes physical loss of property,” it states.

FM Global said in a statement it “values the long-term relationships we have with our policyholders and we are proud to be leading the industry for claims service. It is unfortunate when legal matters arise because we strongly believe our insurance policies are clear on the coverage provided.”

Last year, the Houston Rockets also sued FM Global for COVID-19-related coverage.

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