9th Circuit: California High Court’s Answer Resolves Appeal In Insurer’s Favor

Mealey's ( July 23, 2024, 1:14 PM EDT) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 22 affirmed a lower federal court’s ruling in favor of an insurer after the California Supreme Court answer “no” to the panel’s certified question and found that the “actual or potential presence of the COVID-19 virus on an insured's premises generally does not constitute ‘direct physical loss or damage to property’ for purposes of coverage under a commercial property insurance policy.”...

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