Spectacor Seeks Briefing Stay vs. Insurer, Pending Outcome of 3 Appellate Cases

Plaintiff Comcast Spectacor, owner of the Philadelphia Flyers, seeks to stay briefing on defendant Factory Mutual’s motion to dismiss, pending the resolution of two insurance cases in the Pennsylvania Supreme Court and a third in the 3rd U.S. Circuit Court of Appeals, said Spectacor’s unopposed motion Thursday (docket 2:23-cv-02476) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Spectacor, which also owns Wells Fargo arena, is suing Factory Mutual to recover losses it incurred when COVID-19 forced the cancellation or curtailment of Flyers' games in 2020 and 2021 (see 2306290001). Spectacor alleges that Factory Mutual refuses to honor the terms of the property insurance policy the team bought to protect it against catastrophic losses. Spectacor seeks the briefing stay because it believes many of the issues raised in Factory Mutual’s motion to dismiss “may be impacted” by the forthcoming decisions in the Pennsylvania Supreme Court and the 3rd Circuit, said its motion.