9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof
By Lee Epstein (October 20, 2021, 5:26 PM EDT) -- In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases.
In Mudpie Inc. v. Travelers Casualty Insurance Co. of America, the most expansive of the three opinions, the Ninth Circuit on Oct. 1 affirmed the dismissal after concluding, in part, that the policyholder failed to sufficiently allege direct physical loss of or damage to property.
In reaching that conclusion, the Ninth Circuit placed the burden of satisfying the "direct physical loss of or damage to" property limitation on the policyholder as...
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