Insured Did Not Plausibly Allege Property Incurred Physical Alterations, Panel Says

Mealey's (October 6, 2021, 10:24 AM EDT) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Oct. 1 affirmed a lower federal court’s dismissal of an insured’s putative class action seeking coverage for class members’ “substantial financial losses” resulting from the coronavirus and subsequent civil authority orders, rejecting the insured’s contention 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.”...