Insured: Panel Failed To Answer ‘Central’ Question In Coronavirus Coverage Suit

Mealey's (October 18, 2021, 1:44 PM EDT) -- SAN FRANCISCO — In an Oct. 15 petition for panel rehearing of the Ninth Circuit U.S. Court of Appeals’ Oct. 1 ruling that affirmed a lower court’s dismissal of its putative class action seeking coverage for class members’ “substantial financial losses” resulting from the coronavirus and subsequent civil authority orders, the insured argued that the panel failed to answer “whether the presence of the SARS-CoV-2 virus causes ‘direct physical loss of or damage to property’ as that phrase is commonly used in all-risk property insurance policies.”...