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The State Court of Appeal decides against policyholders in COVID BI cases



A Michigan appellate court has upheld the dismissal of a covid-19 business interruption brought by a restaurant owner against its insurer, stating that there is no evidence of direct physical loss or damage required by the policy.

" The word "physical" necessarily requires that the loss or damage have some form of tangible and measurable presence or effect in, on or to the premises, "the verdict, issued by a panel of three judges at the Michigan Court of Appeals in Tuesday's decision in Gavarilides Management Co. LLC et al. v. Michigan Insurance Co., which upheld a lower court decision. The case was filed by the owner of two restaurants in Lansing and Williamstown, Michigan.

Referring to the governor's executive order, the judgment stated: the premises had been physically altered. "

The ruling also said the panel did not agree with the claim that a virus exclusion in the policy was vague. in a statement, "We are disappointed with the verdict and will appeal to the Michigan Supreme Court."

The insurer's attorney did not respond to a request for comment. [1

9659002] 19-related business interruptions filed by a university against Factory Mutual Insurance Co.


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