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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
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A commercial property policyholder had not complied with all of the policy conditions before the property was damaged in a fire.
Huntington Ingalls, according to the Supreme Court of Vermont, suffered "direct physical damage" because employees infected with COVID had been physically present at the facilities and unintentionally spread the virus to employees who were not ill.
The court was faced with the question of whether two robberies carried out by two seemingly different groups constituted a single occurrence or multiple occurrences.
The insured sued its real property insurer seeking coverage for both the costs of repairing a damaged building and for the building's post-repair diminution…
"More evidence now available to the public shows insurers did not actually believe the central theme to the sermon they've preached when defending pandemic-related business interruption claims," said Gotwald and Levine.
Recognizing that it's conclusion was at odds with courts across the country, the California Court of Appeal found that an insured adequately pled a claim of direct physical loss or damage due to the presence of the COVID-19 virus on an insured property.
A policy open to more than one reasonable interpretation is, by definition, ambiguous, and ambiguity is resolved in favor of coverage under well-settled insurance principles.
The court considered the certified question from the U. S. District Court, finding in favor of the insurer.
The judges acknowledged the policyholder had had a string of bad luck, but even the worst of luck cannot overcome policy conditions.
The employer claimed the man's injuries weren't compensable because he had not arrived at the employer's premises at the time of injury. The man asserted he was performing work-related duties as assigned and directed by the employer when the collision occurred.