Wis. Tribe Asks 9th Circ. To Undo Virus-Coverage Suit Loss

By Caleb Symons (March 22, 2022, 5:24 PM EDT) -- The Menominee Indian Tribe of Wisconsin asked the Ninth Circuit on Friday to revive its lawsuit seeking insurance coverage for COVID-related business losses, saying the virus "caused a structural alteration to the surfaces and air of [its] properties."

That argument rebuffs insurers' claims — adopted last year by a California federal judge who tossed the case— that the tribe's coverage request is invalid because COVID-19 did not tangibly damage its property.

But the Menominee say their all-risk property policy insures loss of use due not only to physical destruction but also contamination issues, pointing to other rulings that backed insurance claims...

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