Marketing Co. Asks 9th Circ. To Revive Virus Coverage Suit

By Eli Flesch (January 14, 2022, 2:17 PM EST) -- A California-based marketing company asked the Ninth Circuit to revive its pandemic coverage suit against a CNA unit, saying that the presence of the coronavirus at its Newport Beach offices caused the kind of physical loss required for coverage.

O'Brien Sales and Marketing said Wednesday that a California federal court incorrectly ruled its "all-risk" policy with Transportation Insurance didn't cover losses the company sustained because of the virus and government restrictions.

"The district court's conclusion that COVID-19 is not capable of altering property is contrary to O'Brien's allegations, and improperly resolves a factual dispute between the parties," the company said. "Courts...

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