Merlin Law Groups COVID-19 team, led by Shane Smith with significant assistance from our group council, filed a strong brief in the case Chloe & # 39 ;s Café . 1
We noted in part:
The Court should dismiss Oregon Mutual's attempt to erroneously limit business interruption claims to situations where the property suffers physical damage. Since the insurance provides coverage for physical loss or damage to property, an objectively reasonable insured would expect that "loss of" would have a different meaning than "damage to", especially given the term "physical damage", which the policy explicitly defines as "[l] the use of material property that is not physically damaged." Nothing in the insurance informs the insured that coverage will be limited when a covered cause of loss, such as a fatal pandemic, causes the insured to experience a physical loss of their property. And Chloes Cafe even claims that the presence of the virus caused physical damage to its property, which led to the loss. Thus, the policy covers the loss. "
We will update everyone on these cases. We will also note Bill Wilson's new book, Why Insurance Does Not Cover the COVID-1
Here is the link for today's session at 2pm EST.
Thought of a Friday afternoon
Bad things happen; how I respond to them defines my character and quality of life. I can choose to sit in eternal sorrow, immobilized by the seriousness of my loss, or I can choose to rise from the pain and treasure the most valuable gift I have – life itself.
________________________________  1 Chloe & # 39 ;s Cafe vs. Oregon Mut. Ins. Co. No. 3: 20-cv-05467, [Doc. 24, filed Nov. 16, 2020] (N.D. cal. 2020).