October 4, 2022

Volume XII, Number 277

Advertisement

October 03, 2022

Subscribe to Latest Legal News and Analysis

California State Court Grants Demurrer in Favor of Insurer: COVID-19 Does Not Constitute Physical Loss

In the California state court’s transcript dated August 4, 2020, the plaintiffs argued that since coronavirus was on the premises, there was a physical loss of or damage to the premises. California Mutual Insurance asserted that irrespective of why the business shut down, there was no direct physical damage to the property that caused the plaintiffs’ business income loss. In the court transcript, Judge Villarreal analyzed case law regarding physical loss and damage and stated that “I am not sure that COVID [sic] creates that physical change.”  

Read the Order.

© 2022 Wilson ElserNational Law Review, Volume X, Number 238
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Paul S. White Partner Insurer Litigation: Coverage/Extra-Contractual Insurance & Reinsurance Coverage Professional Liability & Services

Paul White focuses his practice on complex insurance coverage and bad faith litigation and represents defendants in commercial litigation. Paul's insurance coverage practice includes advising and representing insurers in bad faith litigation and insurance policy disputes, including first-party property policies, general liability coverage, errors and omissions insurance, and media liability insurance. He also advises and represents insurers in subrogation actions on property losses. In addition, Paul has litigated and arbitrated disputes throughout the United States involving domestic and...

213-330-8818
Siobhán A. Breen Associate New York Directors & Officers Liability Insurance & Reinsurance Coverage
Associate

Siobhán A. Breen represents primary and excess professional liability insurers and drafts coverage opinions with respect to complex insurance coverage matters involving directors and officers liability, errors and omissions liability, miscellaneous professional liability, lawyers professional liability, and employment practices liability.

Prior to joining Wilson Elser, Siobhán’s practice consisted of insurance coverage and insurance defense litigation. Siobhán has experience in securities class actions, shareholder derivative actions, cyber/privacy actions, and professional...

212-915-5502
Advertisement
Advertisement
Advertisement