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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.)
California Case Summary™ Publications
California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil case published by California courts every month. This subscription is currently open for a short time. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil case, published by California courts every quarter, with the official case citations. This subscription is currently open for a short time. To subscribe, click here.
Annual Practice Area Case Summaries™: Early every January, we publish Annual Practice Area case summaries for the practice areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations.
California Case Summaries Annual™: Published early every January, with short, organized summaries of every new civil case published the year before, with the official case citations.
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I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, haward@adrservices.com or Rachael Boughan, (619) 233-1323,
rboughan@adrservices.com.
Stay safe and healthy.
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: monty@montymcintyre.com