California Appellate Tracker

Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc., No. B310499, 2022 Cal. App. LEXIS 329 (Ct. App. Apr. 21, 2022)

April 25, 2022

Following Mudpie, Inc. v. Travelers Casualty Ins. Co. (9th Cir. 2021) 15 F.4th 885 and Inns-by-the-Sea v. California Mutual Ins. Co. (2021) 71 Cal.App.5th 688, this decision holds that business interruption insurance providing coverage for interruption due to physical loss or damage to property does not cover losses caused by the COVID pandemic or associated government-ordered shut downs of business operations. Physical loss or damage requires a material deleterious change to the property, which neither the virus nor the shut downs accomplished. The case also holds that the pandemic losses fell within this policy’s virus exclusion.

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California Appellate Tracker

Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc., No. B310499, 2022 Cal. App. LEXIS 329 (Ct. App. Apr. 21, 2022)

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