Insured: Court Ignored Binding Authority, Putative Class’s Reasonable Expectations

Mealey's (March 23, 2021, 10:11 AM EDT) -- PASADENA, Calif. — An insured in a Feb. 25 brief asks the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s dismissal of its putative class action seeking coverage for class members’ “substantial financial losses” resulting from the coronavirus and the subsequent civil authority orders, arguing that pursuant to California’s rules of policy interpretation, the lower court had a duty to adopt the insured’s reasonable interpretation of the phrase “direct physical loss of or damage to property."...