(COVID Christmas Facetime / Francine Orr. Los Angeles Times)
Most Courts decide questions of State law concerning Insurance Coverage for COVID claims. Another way to deal with these issues, in federal courts at least, is to request certification of these and similar questions to the State Supreme Court where certification is available. In Another Planet Entertainment, LLC v. Vigilant Ins. Co., No. 21-16093, 2022 WL 17972557 (9th Cir. Dec. 28, 2022), for example, a panel of the Ninth Circuit Court of Appeals certified this question to the California Supreme Court:
Can the actual or potential presence of the COVID-19 virus on an insured's premises constitute “direct physical loss or damage to property” for purposes of coverage under a commercial property insurance policy?
(Page numbers unavailable at the time that this article is published.)
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