New York appeals court revives PrairieGold Solar hurricane claim

At the heart of the case is damage from Hurricane Maria to PrairieGold’s Carmelo Productora facility in Puerto Rico. The policy, issued in September 2014, was an all-risk and business interruption program. It defined windstorm to include storms named by the National Weather Service or National Hurricane Center, and both sides agreed Hurricane Maria met that definition. The policy’s General Exclusions section listed 15 exclusions, but windstorm, hurricane, and natural catastrophe were not on that list. PrairieGold relied on those terms to argue that named storm losses were covered under the all-risk policy as written. 

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