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Insurance

Aug. 11, 2023

Insurers, policyholders rush to file briefs on COVID coverage question

The question is: “Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute ‘direct physical loss or damages to property’ for purposes of coverage under a commercial property insurance policy?”

Insurers, policyholders rush to file briefs on COVID coverage question
Kirk A. Pasich represents concert promoter Another Planet Entertainment in its battle with Vigilant Insurance Co., a Chubb Limited Group subsidiary.

Organizations representing business policyholders and insurance companies have filed a host of briefs with the state Supreme Court as it considers a question from the 9th U.S. Circuit Court of Appeals — the answer to which could determine the fate of suits over COVID-19 damage.

Insurance companies have defeated policyholder claims in every federal appellate court — including, on July 31, in a 9th Circuit case out of Oregon — and gotten cla...

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