Retailer Insured Seeks Rehearing En Banc In Coronavirus Coverage Class Action

Mealey's (November 2, 2021, 12:31 PM EDT) -- SAN FRANCISCO — A retailer insured on Oct. 29 filed a petition for a rehearing en banc of the Ninth Circuit U.S. Court of Appeals’ ruling earlier in the  month that affirmed a lower federal court’s dismissal of its class complaint seeking coverage under a comprehensive business insurance policy for its claimed losses following the state’s “Stay at Home” order in response to the coronavirus pandemic, arguing that the recurring question of whether “physical loss or damage” includes the loss of use or function of property that is not structurally altered or damaged is of exceptional importance to California businesses “never more so than now.”...