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Insurance and COVID-19
In 2022, I've seen a flurry of cases addressing the issue of whether a property or casualty insurance policy provides coverage for the shutting down of a business due to COVID-19. Our California Courts of Appeal have not always agreed on the answer. Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.
New Insurance Decision
Apple Annie, LLC v. Oregon Mutual Ins. Co. (2022) _ Cal.App.5th _ , 2022 WL 4007516: The Court of Appeal affirmed the trial court's order granting defendant carrier's motion to judgment on the pleadings in plaintiff's action for damages under the policy because its restaurants were closed by the COVID-19 pandemic. The Court of Appeal agreed with the majority other recent Court of Appeal decisions, concluding that a business that closed pursuant to a government shut-down order had not suffered "direct physical damage to" the business's property as required under the under the business income coverage of a standard comprehensive commercial liability policy. The mere loss of use of physical property to generate business income, without any other physical impact on the property, does not give rise to coverage for direct physical loss. (C.A. 1st, September 2, 2022.)
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Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]