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Insurance,
Contracts,
California Supreme Court

Aug. 12, 2024

California Supreme Court addresses ‘illusory’ doctrine in new insurance decision

The California Supreme Court’s decision in John’s Grill, Inc. v. Hartford Financial Services Group, Inc. addresses the applicability of the illusory coverage doctrine in insurance cases related to COVID-19, particularly focusing on virus-related exclusions and specified causes of loss.

Kirk A. Pasich

Partner, Pasich LLP

Insurance defense litigation, entertainment

Phone: (424) 313-7850

Email: kpasich@pasichllp.com

Loyola Law School

Shutterstock

On Aug. 9, 2024, the California Supreme Court rendered its decision in John’s Grill, Inc. v. Hartford Financial Services Group, Inc., 2024 DJDAR 7524 (2024). The decision is another addressing insurance for losses associated with COVID-19. However, this decision does not address the primary question in so many COVID-19 insurance cases—whether the presence of SARS-CoV-2 can constitute “direct physical loss or damage to property” under a prop...

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