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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!